Truckin’ On.

Spare a thought for George Pell, cardinal and once Obersturmbannführer of the Catholic Church  Secretariat for the Economy.  In December 2018, it was reported that Pell and two others were removed from his role, with effect from late October 2018. This may have had something to do with the court case that was decided in Australia, but nobody was supposed to know due to a suppression order. So he has obviously been deleted from the Pope’s Xmas card list. Pell supported Pope John Paul II’s view that the ordination of women as priests is impossible according to the church’s divine constitution and has also expressed his opinion that abandoning the tradition of clerical celibacy would be a “serious blunder”. Not a great hit with the feminists, unlikely to be welcomed into the arms of those who think celibacy is a medieval perversion.

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He has never been a favorite of the Alphabet Set because in 1990, he stated publicly that while he recognised that homosexuality existed, such activity was nevertheless wrong and “for the good of society it should not be encouraged.” He has also expressed his belief that suicide linked to homophobia was a valid reason to discourage recognition of a gay identity, arguing that “Homosexual activity is a much greater health hazard than smoking.” He opposed Australian legislation in 2006 that would have permitted gay couples to adopt children. In 2007, Pell said that discrimination against people that are gay was not comparable to that against racial minorities. No pressies from anyone who bats for both sides.

Pell was one of the electors who participated in the 2005 papal conclave that selected  Pope Benedict XVI. It has been suggested that Pell served as campaign manager behind Benedict’s election. While there was speculation in the Australian media that he had an outside chance of becoming Pope himself, international commentary did not mention Pell as a contender. However, Pell was mentioned as a possible successor to Benedict XVI as head of the Congregation for the Doctrine of the Faith. For those who were not aware, the precursor to the Congregation, run by the Benedictines, was called the Inquisition. He had the unmitigated gall to institute new guidelines for family members speaking at funerals. He said that, “on not a few occasions, inappropriate remarks glossing over the deceased’s proclivities [drinking prowess, romantic conquests etc.] or about attacking the moral teachings of the Church have been made at funeral Masses.” Pell’s guidelines make it clear that the eulogy must never replace the celebrant’s homily, which should focus on the scripture readings selected, God’s compassion, and the resurrection of Jesus. No matter that the celebrant had no knowledge of the deceased’s activities outside the church. So he has probably pissed off a lot of Irish in the congregation.

Pell was the only cardinal from Oceania to take part in the 2013 papal  conclave.       Following the election of Pope Francis, [the first Jesuit pope, unexpected because of the tense relations between the Society of Jesus and the Holy See; he is the first from the Americas, the first from the Southern Hemisphere  and some say the first non-European pope, but he is actually the 11th, the previous was Gregory III from Syria, who died in 741], Pell was one of eight members appointed to advise the Pope on how to reform the Catholic Church. He was appointed the first prefect of the newly created Secretariat for the Economy. In this role, Pell was responsible for the annual budget of the Holy See and the Vatican. In order to consolidate his financial hegemony it was announced that Pell had the Ordinary Section of Administration of the Patrimony of the Apostolic See (APSA) transferred to the Secretariat for the Economy, claiming that this was an important step to enable his committee to exercise its responsibilities of economic control and vigilance over the agencies of the Holy See. It was also announced that remaining staff of APSA would begin to focus exclusively on its role as a treasury for the Holy See and the Vatican City State.

The Secretariat for the Economy distributed a handbook to all Vatican offices outlining financial management policies.

 “The purpose of the manual is very simple”, said Pell, “it brings Financial Management practices in line with international standards and will help all Entities and Administrations of the Holy See and the Vatican City State prepare financial reports in a consistent and transparent manner. The Secretariat for the Economy will provide training and support to the Vatican/Holy See offices to help implement the new policies.” However, Cardinal Francesco Coccopalmerio questioned the scope of the authority given to the Secretariat for the Economy and to Pell himself. These questions involved not the demand for transparency in all financial operations, but the consolidation of management.

In his 2014 appearance before the Royal Commission into Institutional Responses to Child Sexual Abuse, Pell likened the Catholic Church to a trucking company: “If the truck driver picks up some lady and then molests her, I don’t think it’s appropriate, because it is contrary to the policy, for the ownership, the leadership of that company to be held responsible.”

Michael Bradley, writing in his weekly column for ABC News, said:

 “Yes, it was mind-blowingly insensitive to draw that analogy and to so blithely refer to ‘some lady’. But there was a much bigger hole. In the world according to Pell, if the Catholic Church has a policy that tells its priests not to rape children then, if they still do so, the Church cannot be held accountable.”

Pell’s health was in the news in 2015 when it was judged serious enough to prevent air travel from Italy to Australia to appear before the Royal Commission. He was expected to be well enough to travel in February 2016. However, in the end he testified from a hotel in Rome through a video link up. Ballarat based state MP Sharon Knight said, after hearing that Pell would not return to Australia to appear before the commission due to an undisclosed heart condition by saying “if we do ever see you back in this country, then we will know that everything you have said about your health – everything that you have said to avoid personally appearing at the hearings – is an absolute sham.”

Pell is known as a climate change denier, and aroused criticism from Australian Senator Christine Milne  of the Greens political party with the following comment in his 2006 Legatus Summit speech:

Some of the hysteric and extreme claims about global warming are also a symptom of pagan emptiness, of Western fear when confronted by the immense and basically uncontrollable forces of nature. Belief in a benign God who is master of the universe has a steadying psychological effect, although it is no guarantee of Utopia, no guarantee that the continuing climate and geographic changes will be benign. In the past pagans sacrificed animals and even humans in vain attempts to placate capricious and cruel gods. Today they demand a reduction in carbon dioxide emissions.

….. and therefore unlikely to be well thought of by the Greens and pagans.

Bishop George Browning, who told the Anglican Church of Australia’s general synod that Pell was out of touch with the Catholic Church as well as with the general community,  Pell stated:

Radical environmentalists are more than up to the task of moralising their own agenda and imposing it on people through fear. They don’t need church leaders to help them with this, although it is a very effective way of further muting Christian witness. Church leaders in particular should be allergic to nonsense….. I am certainly skeptical about extravagant claims of impending man-made climatic catastrophes. Uncertainties on climate change abound … my task as a Christian leader is to engage with reality, to contribute to debate on important issues, to open people’s minds, and to point out when the emperor is wearing few or no clothes.

When it comes to those who refuse to even acknowledge the existence of the emperor, let alone whether he is clothed or not, the Catholic Church would be at the head of the queue.

From 590 to 1517, the Roman Church dominated the western world it controlled religion, philosophy, morals, politics, art and education. This was the dark ages for true Christianity. The vital religious doctrines had almost disappeared, and with the neglect of true doctrine came the passing of life and light that constitutes the worship of the One True God as declared in Christ. The Roman Catholic Church was theologically sick and its theology led to atrocious corruptions. Rome had seriously departed from the teaching of the Bible and was engrossed in real heresy.

While Infallibility of the Pope was not an officially declared dogma of the Roman Church [it became official dogma in 1870], it was an assumed fact. As early as 590, Gregory the Great called himself ‘the servant of servants,’ believing that he was supreme among all bishops. Another pope, Hildebrand or Gregory VII, held that, as vicar of Christ and representative of Peter, he could give or take empires. Everyone from the lowest peasant to the highest ruler was to recognize him as Christ’s representative on earth and supreme ruler over all religious and political matters. Boniface VII, said, “We declare, state, define and pronounce that for every human creature to be subject to the Roman pope is altogether necessary for salvation”

Rome taught that all who did not acknowledge the pope as God’s representative on earth and the Roman Catholic Church as the only true church were damned. Salvation was confined within the teachings of the Roman Church. Every person who disagreed with the Roman Church was in line for excommunication, the loss of one’s soul. Augustinian theology was lost or badly neglected. Rome had accepted almost in totality the teaching of Pelagius that it had formerly repudiated. Salvation was not caused by God’s grace through a supernatural new birth, but by assent to Roman Catholic dogma and practice. Faith was not trust in Christ for salvation, but submission to the church. Salvation was not by grace through faith in Christ alone, but by faith in the church and good works prescribed by the church. Practically speaking, ‘good works’ consisted of mere external obedience to the church, and did not necessarily flow from a life of faith in Christ. The Roman Catholic Church stressed external actions, legal observance and penitential works.

When the doctrine that man could attain a state of perfect sanctification was proclaimed, it affirmed that the merits of saints and martyrs might be applied to the Church.  A peculiar power was attributed to their intercession. Prayers were made to them; their aid was invoked in all the sorrows of life; and a real idolatry thus supplanted the adoration of the living and true God.  The doctrine of sinless perfectionism strengthened the position of the Roman hierarchy. The clergy were thought to be more holy than the average people. Being more holy, they were special channels of the grace of God. Thus, the clergy had the authority from God to dispense God’s grace.

“Souls thirsting for pardon were no more to look to heaven, but to the Church, and above all to its pretended head. To these blinded souls the Roman pontiff was God. Hence the greatness of the popes – hence unutterable abuses.”

peninent1621Great importance was soon attached to external marks of repentance — to tears, fasting, and mortification of the flesh; and inward regeneration of the heart, which alone constitutes a real conversion, was forgotten. As confession and penance are easier than the extirpation of sin and the abandonment of vice, many ceased contending against the lusts of the flesh, and preferred gratifying them at the expense of a few mortifications.  Men were required to fast, to go barefoot, to wear no linen, etc.; to quit their homes and their native land for distant countries; or to renounce the world and embrace a monastic life.

In the eleventh century voluntary flagellations were added to these practices; somewhat later they become quite a mania in Italy. Nobles and peasants, old and young, even  children of five years of age, whose only covering was a cloth round the middle, went in pairs, by thousands, and tens of thousands, through the towns and villages, visiting the churches in the depth of winter. Armed with scourges, they flogged each other without pity, and the streets resounded with cries and groans that drew tears from all who heard them. Indulgences were a system of exchange whereby the priests employed their special rapport with God to perform certain religious acts for laymen. For a price, Clergy would pray, fast and read scripture for a person. This was later developed into buying
up time one might have to spend in purgatory.

“Incest, if not detected, was to cost five groats; and six, if it was known. There was a stated price for murder, infanticide, adultery, perjury, burglary, etc. O disgrace of Rome!’ exclaims Claude d’Espence, a Roman divine: and we may add, O disgrace of human nature! for we can utter no reproach against Rome that does not recoil on man himself. Rome is human nature exalted in some of its worst propensities” [D’aubigne].

Since the clergy through the church were dispensers of God’s grace, they also had the authority to forgive sins. Private confession was abandoned for auricular confession to the priest.

Celibacy for clergy became Roman Church law in 1079. This mandate tempted all kinds of immorality. The abodes of the clergy were often dens of corruption. It was a common sight to see priests frequenting the taverns, gambling, and having orgies with quarrels and blasphemy. Many of the clergy kept mistresses, and convents became houses of ill fame. In many places the people were delighted at seeing a priest keep a mistress, that the married women might be safe from his seductions. Indulgences were looked upon by the common man as a license to sin, for men could buy their forgiveness.

“In many places the priest paid the bishop a regular tax for the women with whom he lived, and for each child he had by her. A German bishop said publicly one day, at a great entertainment, that in one year eleven thousand priests had presented themselves before him for that purpose. It is Erasmus who relates this” (D’aubigne).

Many of the clergy came to their offices through political maneuvering. In a country parish one person called the clergy “miserable wretches . . . previously raised from beggary, and who had been cooks, musicians, huntsmen, stable boys and even worse.” Clergy no longer had to learn and teach the Scriptures, for the church told them what to do. Even the superior clergymen were sunk in great ignorance in spiritual matters. They had secular learning, but knew very little of the Bible.

“A bishop of Dunfeld congratulated himself on having never learned either Greek or Hebrew. The monks asserted that all heresies arose from those two languages, and particularly from the Greek. The New Testament, said one of them, is a book full of serpents and thorns. Greek, a new and recently invented language, and we must be upon our guard against it. As for Hebrew, my dear brethren, it is certain that all who learn it immediately become Jews.”

inquisitionThe Inquisition was a group of institutions within the government system of the Catholic Church whose aim was to combat heresy. It started in 12th-century France to combat religious dissent, in particular the Cathars and the Waldensians. Other groups investigated later included the Spiritual Franciscans, the followers of Jan Hus and the Beguines. Beginning in the 1250s, inquisitors were generally chosen from members of the Dominican Order, replacing the earlier practice of using local clergy as judges.

During the Late Middle Ages and the early Renaissance, the concept and scope of the Inquisition significantly expanded in response to the Protestant Reformation and the Catholic Counter-Reformation. It expanded to other countries, resulting in the Spanish Inquisition and Portuguese Inquisition that operated inquisitorial courts throughout their empires in Africa, Asia, and the Americas [resulting in the Peruvian and Mexican Inquisition]. These inquisitions focused particularly on the issue of Jewish anusim and Muslim converts to Catholicism, partly because these groups were more numerous in Iberia than in many other parts of Europe, and partly to the assumption that they had secretly reverted to their previous religions.

With the exception of the Papal States, the institution of the Inquisition was abolished in the early 19th century, after the Napoleonic Wars in Europe and the Spanish American wars of independence in the Americas. The institution survived as part of the Roman Curia, but in 1908 it was renamed the Supreme Sacred Congregation of the Holy Office. In 1965 it became the Congregation for the Doctrine of the Faith. From 1378-1417 there were three simultaneous popes, each claiming to be the true pope: Urban VII, an Italian; Clement VII, a Frenchman; and a third pope elected by the Council of Pisa. For several years there were three popes anathematizing and excommunicating one another.   Simony, the practice of giving or obtaining an appointment to a church office for money, was a common practice in the Middle Ages, even in the obtaining of the office of pope.

The Catholic Church was officially recognized by Emperor Constantine in the early 4th century.  With this recognition the religious leaders, soon to be known as the clergy gradually evolved into a separate, privileged class, the most exalted members of which were the bishops.  Although celibacy did not become a universally mandated state for clerics of the western Church until the 2nd Lateran Council, 1139, various church leaders began to advocate it by the 4th century.  The earliest recorded church legislation is from the council of Elvira [Spain, 306 AD].  Half of the canons passed dealt with sexual behavior of one kind or another and included penalties assessed for clerics who committed adultery or fornication.  Though it did not make specific mention of homosexual activities by the clergy, this early Council reflected the church’s official attitude toward same-sex relationships: men who had sex with young boys were deprived of communion even on their deathbed.

The Catholic Church is organized in geographic regions known as dioceses, from a Greek word meaning a group. The head of a diocese has traditionally been a bishop.  Early church legislation was passed by individual bishops for their own territory but the more important legislation with lasting historical impact, was that passed by groups of bishops who gathered at periodic meetings known as councils or synods which were generally named after the place where they occurred.  Laws were passed throughout the Christian world.  These laws, whether the product of individual bishops or groups, did not need the approval of the papacy.

Although the pope had been respected as the first among bishops from the earliest years of Christianity, the centralization of power was not evident until the middle ages during which time several popes gradually reserved various powers to themselves.  By the 9th century collections of the growing mass of legislation began to appear.  Several of the more prominent and complete collections have survived as essential sources for the study of the development not only of church law but of the Christian life in general.   The first truly systematic collection was produced by the monk Gratian in 1140. Known as Gratian’s Decree it consisted of a wide spectrum of texts arranged in a dialectic method with Gratian’s own opinions added.  Though never officially approved, Gratian’s decree became the most important resource for the history of Canon Law.  Following the medieval period the major legislative sources were the popes themselves and the general or ecumenical councils, the most recent of which was Vatican II (1962-65).

The practice of individual confession of sins to a priest started in the Irish monasteries in the latter sixth century.  With individual confession came the Penitential Books, another valuable source for church history.  These were unofficial manuals drawn up by various monks to assist in their private counseling with penitents in confession.  These books listed the various and sundry acts which the church considered sinful and provided guidance on the acceptable penance to be imposed.  The Penitentials provide a vivid glimpse into the darker side of Christian life at the time.  Though it is not known exactly how many such books were written, the more prominent ones have been preserved, studied and translated.  Several of these refer to sexual crimes committed by clerics against young boys and girls.  The Penitential of Bede [England, 8th century] advises that clerics who commit sodomy with young boys be given increasingly severe penances commensurate with their rank, the higher ranking bishops receiving harsher penalties.  The regularity with which mention is made of clergy sex crimes shows that the problem was not isolated, was known in the community and was treated more severely than similar acts committed by lay men.  The Penitential Books were in use from the mid 6th century to the mid 12th century.

The most dramatic and explicit condemnation of forbidden clergy sexual activity was the Book of Gomorrah of St. Peter Damian, completed in 1051.   The author was a Benedictine monk appointed archbishop and later cardinal by the reigning pope.  Peter Damian was also a dedicated Church reformer who lived in a society wherein clerical decadence was not only widespread and publicly known, but generally accepted as the norm.   His work, the circumstances that prompted it and the reaction of the reigning pope [Leo IX] are a prophetic reflection of the contemporary situation. He begins by singling out superiors who, prompted by excessive and misplaced piety, fail to exclude sodomites.  He asserts that those given to unclean acts not be ordained or, if they are already ordained, be dismissed from Holy Orders.  He holds special contempt for those who defile men or boys who come to them for confession.  Likewise he condemns clerics who administer the sacrament of penance to their victims. His final chapter is an appeal to Leo IX to take action.

The pope’s response is an example of inaction similar to that of contemporary church leaders.  Pope Leo praised Peter Damian and verified the truth of his findings and recommendations.  Yet he considerably softened the reformer’s urging that decisive action be taken to root out offenders from the ranks of the clergy.  The pope decided to exclude only those who had offended repeatedly and over a long period of time.  Although Peter Damian had paid significant attention to the impact of the offending clerics on their victims, the Pope made no mention of this but focused only on the sinfulness of the clerics and their need to repent.

Medieval scholars attest that clerical concubinage was commonplace.  Adultery, casual sex with unmarried women and homosexual relationships were rampant.  Gratian devoted entire sections to disciplinary legislation which attempted to curb all of these vices.  He demanded that the punishment for sexual transgressions be more severe for clerics than for lay men.  His treatment of same-sex activities was less extensive than that of other celibacy violations, yet his attitude is evident because he cited the ancient Roman law opinion that stuprum pueri, the sexual violation of young boys, be punished by death.  From the 4th century to the end of the medieval period it is clear that violations of clerical celibacy were commonplace, expected by the laity and highly resistant to official disciplinary attempts to curb and eliminate them.  Referring to concubinage for example, one noted scholar said: From the repeated strictures against clerical incontinence by provincial synods of the twelfth and thirteenth centuries, one may surmise that celibacy remained a remote and only defectively realized ideal in the Latin West.  In England, particularly in the north, concubinage continued to be customary; it was frequent in France, Spain and Norway.

The Protestant Reformation of the 16th century was sustained by much more than the controversy over the sale of indulgences.  Luther and the other major reformers such as Zwingli and Calvin, all rejected mandatory celibacy.   The rejection was motivated in great part by what the reformers saw as widespread evidence that clerics of all ranks commonly violated the obligations with women, men and young boys.  In reference to life in the monasteries on the eve of the 16th century Protestant Reformation, Abbott says that the monks’ “lapses” with women, handsome boys and each other…became so commonplace that they could not be considered lapses but ways of life for entire communities.”   Up to this time the Church’s leaders continued to advocate the long-standing remedies of legislation, spiritual penalties, physical penalties and warnings, none of which worked.  Living in the midst of a clerical world of non-celibate behavior, the reformers believed that this supposedly celibate world caused moral corruption: The sexual habits of the Roman Catholic clergy, according to reformers, were a sewer of iniquity, a scandal to the laity, and a threat of damnation to the clergy themselves.

In spite of attempts to propagate revisionist versions of the Reformation, the Church’s primary reaction, the ecumenical Council of Trent (1545-1563), was itself proof of the deeply entrenched and wide-ranging corruption in the Church.  Secular princes had urged a reforming council but the popes resisted until 1545 when Pope Paul II summoned one to be held in the Italian city of Trento. The council met in 25 sessions with several periods of adjournment. It ended in 1563 after session 25 when most of the major reforms were enacted. The reaffirmation of clerical celibacy did not conclude without strong opposition from a significant number of bishops who argued that mandatory celibacy was simply not working and accomplished no more than denying priests’ wives and children a share in their estates.   A canon was proposed which would have permitted marriage for clergy but this was rejected and mandatory celibacy re-enforced.  The canon upholding celibacy was followed by one which extolled it as superior to marriage.

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In spite of the reforming legislation and the establishment of mandatory training, education and formation for priests, the bishops at Trent were no more successful at curbing celibacy violations than their predecessors.  Illicit sex with women, men and young boys continued but for a time were much less obvious. By 1566, in the first year of his pontificate, Pope Pius V (1566-72) recognized a need to publicly attack clerical sodomy. The constitution Romani Pontifices promulgated legislation against a variety of actions and practices, including the ‘crime against nature.’  This short canon condemned all who committed this crime and prescribed that they be handed over to secular authorities for punishment.

Summarizing the medieval period, it is clear that the bishops were not as preoccupied with secrecy as they are today.  Clergy sexual abuse of all kinds was apparently well known by the public, the clergy and secular law enforcement authorities.  There was a constant stream of disciplinary legislation from the church but none of it was successful in changing clergy behavior.  In spite of a millennium of failure, the popes and bishops never gave serious thought to the viability of mandatory celibacy.  The variety of spiritual punishments was joined, in the later period, with severe corporal penalties, inflicted by secular authorities.   Finally, and most important, at certain periods, church authorities recognized that the problem was not only dysfunctional clerics, but irresponsible leadership.

In 1962 Pope John XXIII approved the publication of renewed special procedural norms.  Unlike all previous papal legislation on this subject, this document was buried in the deepest secrecy.  Although it was promulgated in the ordinary manner and then printed and distributed by the Vatican press, it was never publicized in the official Vatican legal bulletin, the Acta Apostolicae Sedis.   The document was sent to all bishops in the world. It is preceded by an order whereby the document is to be kept in the secret archives and not published nor commented upon by anyone.  No explicit reason was given for this unusual secrecy nor is any justification given for the document or some of the surprising changes contained therein.

The 1962 document is significant because it reflects the church’s urgent desire to maintain the highest degree of secrecy and strictest degree of security about the worst sexual crimes perpetrated by clerics.  The document does not include any background information about why it was issued nor is there any reasoning available for the imposition of extreme secrecy and the inclusion of the crimes in Title V.  One can only presume that cases or concerns had been brought to the attention of the Vatican authorities which prompted the decree. Since the archives of the Holy Office, now known as the Congregation for the Doctrine of the Faith, are closed to outside scrutiny it is impossible to determine the number of cases referred to it between 1962 and the present.  The other factor impeding a study of cases is the prohibition of local dioceses from ever revealing the very existence of cases much less the relevant facts.

The public exposure of clergy sexual abuse of youth which began in the mid-eighties was mistakenly believed by many to be a new phenomenon which of course it is not.  In spite of a series of high profile cases from around the world the Vatican issued no disciplinary documents until 2001.  Although the pope had made several statements about clergy sexual abuse this was the first attempt by the Vatican to take concrete steps to contain the problem.  The document, which is a set of special procedural norms, is not exclusively about sex abuse although that is the predominant theme.  It is about the processing of certain crimes considered by the Vatican authorities to be so serious that prosecution of them is reserved to the Vatican itself.

In spite of claims to the contrary, the canonical history of the Catholic Church clearly reflects a consistent pattern of awareness that celibate clergy regularly violated their obligations in a variety of ways.  The fact of clergy abuse with members of the same sex, with young people and with women is fully documented.  At certain periods of church history clergy sexual abuse was publicly known and publicly acknowledged by church leaders.  From the late 19th century into the early 21st century the church’s leadership has adopted a position of secrecy and silence.  They have denied the predictability of clergy sexual abuse in one form or another and have claimed that this is a phenomenon new to the post-Vatican II era.  The recently published reports of the Bishops’ National Review Board and John Jay College Survey have confirmed the fact of known clergy sexual abuse since the 1950’s and the church leadership’s consistent mishandling of individual cases.

The bishops have, at various times, claimed that they were unaware of the serious nature of clergy sexual abuse and unaware of the impact on victims.  This claim is easily offset by the historical evidence.  Through the centuries the church has repeatedly condemned clergy sexual abuse, particularly same-sex abuse.  The very texts of many of the laws and official statements show that this form of sexual activity was considered harmful to the victims, to society and to the Catholic community.  Church leaders may not have been aware of the scientific nature of the different sexual disorders nor the clinical descriptions of the emotional and psychological impact on victims, but they cannot claim ignorance of the fact that such behavior was destructive in effect and criminal in nature.

MedievalLateran

Over 50 billion dollars in securities. Gold reserves that exceed those of industrialized nations. Real estate holdings that equal the total area of many countries. Opulent palaces containing the world’s greatest art treasures. These are some of the riches of the Roman Catholic Church. Yet in 1929 the Vatican was destitute. Pius XI, living in a damaged, leaky, pigeon-infested Lateran Palace, heard rats scurrying through the walls, and he worried about how he would pay for basic repairs to unclog the overburdened sewer lines and update the antiquated heating system. How did the Church manage in less than seventy-five years such an incredible reversal of fortune?

The turnaround began on February 11, 1929, with the signing of the Lateran Treaty between the Vatican and fascist leader Benito Mussolini. Through this deal Mussolini gained the support of the Italian populace, who at the time followed the lead of the Church. In return, the Church received, among other benefits, a payment of $90 million, sovereign status for the Vatican, tax-free property rights, and guaranteed salaries for all priests throughout the country from the Italian government. With the stroke of a pen the pope had solved the Vatican’s budgetary woes practically overnight, yet he also put a great religious institution in league with some of the darkest forces of the 20th century.

Evidence of the Church’s morally questionable financial dealings with sinister organizations over seven decades suggests the Vatican accrued enormous wealth during the Great Depression by investing in Mussolini’s government, engineered a connection between Nazi gold and the Vatican Bank, increased the vast range of Church holdings in the postwar boom period, benefited from Paul VI’s appointment of Mafia chieftain Michele Sindona as the Vatican banker, and banked the proceeds of a billion-dollar counterfeit stock fraud uncovered by Interpol and the FBI. The Ambrosiano Affair called “the greatest financial scandal of the 20th Century” by the New York Times, included the mysterious death of John Paul I, and suggested the Vatican profited from an international drug ring operating out of Gdansk, Poland.

The present whereabouts of the Nazi gold that disappeared into European banking institutions in 1945 has been the subject of several books, conspiracy theories, and a civil suit brought in 2001 against the Vatican Bank, the Franciscan Order and other defendants. That the Nazi regime maintained a policy of looting the assets of its victims to finance its war, collecting the looted assets in central depositories, and that it occasionally transferred gold to banks outside the Third Reich in return for currency, have been well documented since the 1950s. The identity of individual collaborative institutions and the precise extent of transactions is more open to denial, however. Among Nazi puppet regimes, the Ustasha regime also maintained concentration camps and confiscated the assets of its victims in the campaign of ethnic cleansing to clear ‘Greater Croatia’ of Serbs, Roma, and Jews. Victims’ assets were deposited in the Ustasha Treasury. In 1948, U.S. Army Intelligence reports confirmed that 2,400 kilos of Ustasha stolen gold were moved from the Vatican to one of the Vatican’s numbered Swiss bank accounts. At the time of the collapse of the Ustasha in 1945, Ustasha agents were found at the British-occupied Austro-Swiss border with gold valued at 350 million Swiss francs. Intelligence reports also suggest that more than 200 million Swiss francs were eventually transferred to Vatican City and the IOR with the assistance of Roman Catholic clergy and the Franciscan Order.

The Banco Ambrosiano was founded in Milan in 1896 by Giuseppe Tovini, and was named after Saint Ambrose, the fourth century archbishop of the city. Tovini’s purpose was to create a Catholic bank as a counterbalance to Italy’s lay banks, and its goals were serving moral organisations, pious works, and religious bodies set up for charitable aims. The bank came to be known as the priests bank. In the 1960s, the bank began to expand its business, opening a holding company in Luxembourg which came to be known as Banco Ambrosiano Holding. This was under the direction of Carlo Canesi, then a senior manager, and from 1965 chairman. His deputy was Roberto Calvi.

Calvi

In 1971, Calvi became general manager, and in 1975 he was appointed chairman. Calvi expanded Ambrosiano’s interests further; these included creating a number of off-shore companies in the Bahamas and South America; a controlling interest in the Banca Cattolica del Veneto; and funds for the publishing house Rizzoli to finance the Corriere della Sera newspaper, giving Calvi control behind the scenes for the benefit of his associates in the P2 masonic lodge. Calvi also involved the Istituto per le Opere di Religione [IOR], in his dealings, and was close to Bishop Paul Marcinkus, the bank’s chairman. Ambrosiano provided funds for political parties in Italy, and for both the Somoza dictatorship in Nicaragua and its Sandinista opposition. Calvi used his complex network of overseas banks and companies to move money out of Italy, to inflate share prices, and to secure massive unsecured loans. In 1978, the Bank of Italy produced a report on Ambrosiano that predicted future disaster and led to criminal investigations. However, soon afterward the investigating Milanese magistrate was assassinated by a left-wing terrorist group, while the Bank of Italy official who superintended the inspection, Mario Sarcinelli, found himself imprisoned.

When the Holy See, whose tax-exempt status on income from Italian investments was revoked in 1968, decided to diversify its holdings, it employed as financial adviser Michele Sindona. Once among the country’s most powerful businessmen, subsequent investigations into his business affairs brought to light questionable associations with the Mafia as well as the secret P2, a bogus Masonic lodge that the Italian Parliament branded as a subversive organization. The 1974 failure of Sindona’s Franklin National Bank and the subsequent collapse of his financial empire, into which he had channeled part of the Holy See’s investments, entailed losses for the Vatican estimated by one source at 35 billion Italian lire.

sidona

In 1982, a political and financial scandal connected with the collapse of Banco Ambrosiano involved the head of IOR from 1971 to 1989, Archbishop Paul Marcinkus, who allegedly had given letters of patronage on behalf of the IOR in support of the failed bank. In 1987, an Italian court issued a warrant against Marcinkus, whom they accused of being an accessory to fraudulent bankruptcy. Marcinkus evaded arrest by staying inside Vatican City until the warrant was dismissed in 1991, whereupon he returned to his home country, the U.S. Roberto Calvi was convicted of violating Italian currency laws and fled on a false passport to London where he was found murdered under Blackfriars Bridge in London some days after he went missing from Milan. The IOR then a 10% shareholder of Banco Ambrosiano, denied legal responsibility for the Ambrosiano’s downfall but acknowledged moral involvement, and paid US$224 million to creditors.

On 10 June 1982, Calvi went missing from his Rome apartment, having fled the country on a false passport in the name of Gian Roberto Calvini, fleeing initially to Venice. From there, he apparently hired a private plane to London via Zurich. A postal clerk crossing Blackfriars Bridge noticed Calvi’s body hanging from the scaffolding beneath. Calvi’s clothing was stuffed with bricks, and he was carrying around US$15,000 worth of cash in three different currencies. Calvi was a member of Licio Gelli’s masonic lodge, Propaganda Due (P2), who referred to themselves as frati neri or black friars. This led to a suggestion in some quarters that Calvi was murdered as a masonic warning because of the symbolism associated with the word Blackfriars.

The day before his body was found, Calvi was stripped of his post at Banco Ambrosiano by the Bank of Italy, and his 55-year-old private secretary, Graziella Corrocher, jumped to her death from a fifth floor window at the bank’s headquarters. Corrocher left behind an angry note condemning the damage that Calvi had done to the bank and its employees. Her death was ruled a suicide.

licio-gelli-berlusconi

Calvi’s death was the subject of two coroner’s inquests in the United Kingdom. The first recorded a verdict of suicide in July 1982. The Calvi family then secured the services of George Carman QC. At the second inquest, in July 1983, the jury recorded an open verdict, indicating that the court had been unable to determine the exact cause of death. Calvi’s family maintained that his death had been a murder. In 1991, the Calvi family commissioned the New York-based investigation company Kroll Associates to investigate the circumstances of Calvi’s death. As part of it’s two-year investigation, the company instructed former Home Office forensic scientists, including Angela Gallop, to undertake forensic tests. As a result, it was found that Calvi could not have hanged himself from the scaffolding because the lack of paint and rust on his shoes proved that he had not walked on the scaffolding. In October 1992, the forensic report was submitted to the Home Secretary and the City of London Police, who dismissed it.

Following the exhumation of Calvi’s body in December 1998, an Italian court commissioned a German forensic scientist to repeat the work produced by the forensic team. That report was published in October 2002, ten years after the original, and confirmed the first report. In addition, it said that the injuries to Calvi’s neck were inconsistent with hanging and that he had not touched the bricks found in his pockets. When Calvi’s body was found, the level of the River Thames had receded with the tide, giving the scene the appearance of a suicide by hanging, but at the exact time of his death, the place on the scaffolding where the rope had been tied could have been reached by a person standing in a boat. That had also been the conclusion of a separate report, which also detailed a reconstruction based on Calvi’s last known movements in London and theorized that Calvi had been taken by boat from a point of access to the Thames in West London. Calvi’s life was insured for US$10 million with Unione Italiana. Following the forensic report of 2002, which established that Calvi had been murdered, the policy was finally settled, although around half of the sum was paid to creditors of the Calvi family who incurred considerable costs during their attempts to establish Calvi’s cause of death.

Monsignor Nunzio Scarano

On 28 June 2013, three persons were arrested by the Italian police on suspicion of corruption and fraud. Allegedly, they had planned to smuggle €20 million in cash from Switzerland into Italy. One of the arrested was Monsignore Nunzio Scarano, previously senior accountant at APSA. Subsequently, he was indicted with corruption and slander and set under house arrest. On 21 January 2014, he was further charged with money laundering through IOR accounts in yet another investigation. According to a police statement, millions of euros in false donations from offshore companies had moved through Scarano’s accounts. As news agency Reuters reported, Elena Guarino, the Salerno magistrate who led the investigation, told reporters the Vatican was fully cooperative and gave her much information on Scarano’s bank movements. In January 2016, Scarano was acquitted of allegations of corruption, but was given a two year sentence after being convicted of lesser charges of making false allegations.

In February 2017, A court in Rome convicted two former top Vatican Bank officials Paolo Cipriani and Massimo Tulliof for omissions in communications involving three small transfers. Cipriani was a former Vatican bank director and Tulliof was deputy. They were, however, acquitted of a more serious money laundering charge, which involved $60 million in transfers, and were sentenced to four months and ten days in prison. In 2018, Vatican prosecutors indicted former Vatican Bank President Angelo Caloia, and his attorney, Gabriele Liuzzo, for embezzling $62 million, using a real estate scam, between 2001 and 2006.

The Council of Europe’s financial-evaluation arm Moneyval laid down the law for the Vatican Bank, telling the rather unholy financiers who had been accused of abetting money laundering for years that it isn’t enough to just smoke out suspicious account holders and freeze assets. Instead they said the Vatican Bank, formally known as the Institute for Religious Works, or IOR, needed to start actually prosecuting criminal cases.  Two years later, thousands of accounts have been closed or frozen, but Moneyval still isn’t happy. According to its 209-page December 2017 progress report, the Vatican gets good marks for not funding terrorism and for flagging potential illegal behavior. But the holy bank fails once again to actually hold anyone accountable for what are clearly crimes such as fraud, including serious tax evasion, misappropriation and corruption.  More curious still, a week before the highly anticipated report was released, the IOR Deputy Director Giulio Mattietti was fired with no advance warning and escorted from his office out of fear he might remove files from his desk.

Mattietti was hired in 2007 by Paolo Cipriani, the former head of the bank who resigned under pressure a few months after Pope Francis was elected in 2013, after a Vatican accountant nicknamed “Monsignor 500” for his penchant for 500-euro notes, was arrested for trying to smuggle $26 million to Switzerland. Mattietti’s removal followed the sacking of a lower-level IOR employee days earlier. The Vatican gives no official reason for either of the firings beyond reforms, but a source close to the bank says the bank employees who were let go may have been whistle-blowers who were alerting officials outside the bank about continuing impropriety. In fact, despite apparently precise record keeping on the part of IOR, Moneyval evaluators still found 69 actions involving 38 customers that were not in accordance with money laundering and fraud standards set forth by the Council of Europe. None of those suspect cases were prosecuted to the fullest extent under the law, and instead investigators point to vague records that imply that the cases were closed.

“Eight money-laundering investigations have been closed formally without any charges, while six additional investigations have been concluded without an indictment for any offense and their formal closure has been requested.”

And therein lies a problem. The bank once had more than 30,000 account holders, including several religious entities and private citizens who maintained accounts worth millions at the hallowed institution, which is tucked safely within the sovereign state of  Vatican City. The bank has since closed several high-profile accounts, including many held by diplomatic missions and the consulates to Syria, Iran, and Iraq who moved millions of euros around through vague cash transactions, but it has never been able to shake its troubled past. In June 2017 the Vatican’s prefect of the Secretariat of the Economy, Cardinal George Pell was sent back to Australia to face child sex-abuse charges in early 2018, leaving a notable gap in the pope’s efforts to reform the church’s troubled finances.

fuckyougerogepell

 

Lifters and Leaners.

hockey-notIn a 2012 speech, delivered to London’s Institute for Economic affairs, Australia’s now Ambassador to the US, used the podium to rail against the pernicious effect of the welfare safety net, which had been constructed by sleepwalking Western democracies using tax revenue collected disproportionately from hard working folk [that voted for his party]. Some voters had become so used to the state providing healthcare, education and a social safety net that they had come to expect it, Hockey argued. Government spending on these social programs had reached extraordinary levels of GDP, and “people had come to believe that they had a right to a good or service that someone else was paying for. A weak government gives its citizens everything they want, but “a strong government has the will to say ‘No!'” Hockey lectured.

In government, this speech morphed into the Coalition policy expressed in a miserable budget, where unemployed people under 30 had to wait six months to receive the dole, hospital and university funding was cut and the Medicare co-payment as introduced. The pampered public, the ‘leaners’, howled with outrage – just as Hockey predicted they would. The Coalition tried manfully to defend its measures, aided by the willing conservative tabloids, who were leaked ‘exclusives’ about how much the Disability Support Pension was being rorted and how many dole recipients missed their job-search appointments.hockey3

The world was divided into lifters and leaners. The latter believed the rules governing the lifters didn’t apply to them. They believed they could take without giving back. They believed they could operate outside the law. Reading the Panama Papers – the large cache of documents leaked from the Panamanian law firm that specialises in building offshore havens where the super-rich can hide their money from the taxman – it was hard not to think of Joe. What would he make of this astonishing display of entitlement? What could he tell us about the super-yacht crowd, the international uber-rich who belong to no country, who reject their homelands in favour of domiciles where they can hide and obfuscate their true worth? These people are not so much state-less as they are state-free. They float above and beyond ordinary taxpayers, tethered to no government, and no law.

hockey1Sure they might seek to minimise their income for tax reasons, but at least they pay their own way, right? They don’t leach off government services. They made their money through hard graft. Except that no one gets that rich without the substantial aid, or in cases of outright corruption, the gift, of public assets – be they land, contracts or the use of infrastructure built by the taxpayer. The super-rich might not be availing themselves of bulk-billing GPs, but they still use airports and roads, hospitals and universities. When some one humbugs them in the street they expect that the police will sanction the perpetrator. And what would the entitlement-busters make of the behaviour of the big banks, who have been accused of mistreating and mischarging customers for years? The very same banks who availed themselves of hefty billions of taxpayer financial support during the Global Financial Crisis?

ineqality cartoon

Excessive inequality in any society is harmful. When people with low incomes and wealth are left behind, they struggle to reach a socially acceptable living standard and to participate in society. These are Australia’s real ‘battlers’. When a minority of people accumulate income and wealth well above the rest of the population, this can lead to excessive concentration of power that becomes self-perpetuating, fraying the bonds of social cohesion and trust. Australia prides itself on its egalitarian traditions, where the extremes of neither poverty nor affluence [a ‘bunyip aristocracy’] are acceptable. Too much inequality is also bad for the economy. When resources and power are concentrated in fewer hands, or people are too impoverished to participate effectively in the paid workforce, or acquire the skills to do so, economic growth is diminished. The OECD estimates that rising income inequality has reduced economic growth by an average of around 5 per cent across OECD countries over the two decades to 2013. There will always be debate over how much inequality is ‘too much’. What is not in doubt is that in most wealthy nations, inequality of income and wealth has increased substantially since the early 1980’s. The OECD reports that on average in wealthy countries in 2015, the 10% of people with the most income received 9.6 times the income of the 10% with the lowest incomes. In the 1980’s, that ratio stood at 7:1, rising to 8:1 in the 1990’s and to 9:1 in the 2000’s.

inequality income

Economic inequality is largely driven by the unequal ownership of capital, which can be either privately or public owned.  Since 1980, very large transfers of public to private wealth occurred in nearly all countries, whether rich or emerging. While national wealth has substantially increased, public wealth is now negative or close to zero in rich countries. Arguably this limits the ability of governments to tackle inequality; certainly, it has important implications for wealth inequality among individuals.

Capital in the Twenty-First Century is a 2013 book by French economist Thomas Piketty. It focuses on wealth and income inequality in Europe and the United States since the 18th century. The book’s central thesis is that when the rate of return on capital (r) is greater than the rate of economic growth (g) over the long term, the result is concentration of wealth, and this unequal distribution of wealth causes social and economic instability.  The central thesis of the book is that inequality is not an accident, but rather a feature of capitalism, and can only be reversed through state intervention. The book argues that, unless capitalism is reformed, the very democratic order will be threatened.  Piketty writes that when the rate of growth is low, then wealth tends to accumulate more quickly from r than from labor and tends to accumulate more among the top 10% and 1%, increasing inequality. Thus the fundamental force for divergence and greater wealth inequality can be summed up in the inequality r > g. He  analyzes inheritance from the perspective of the same formula and says that the world today is returning towards ‘patrimonial capitalism’, in which much of the economy is dominated by inherited wealth: the power of this economic class is increasing, threatening to create an oligarchy. Piketty proposes that a progressive annual global wealth tax of up to 2%, combined with a progressive income tax reaching as high as 80%, would reduce inequality, although he says that such a tax “would be politically impossible”.

Paul Krugman called the book a “magnificent, sweeping meditation on inequality” and “the most important economics book of the year—and maybe of the decade.” He distinguishes the book from other bestsellers on economics as it constitutes “serious, discourse-changing scholarship”. Krugman also wrote:

At a time when the concentration of wealth and income in the hands of a few has resurfaced as a central political issue, Piketty doesn’t just offer invaluable documentation of what is happening, with unmatched historical depth. He also offers what amounts to a unified field theory of inequality, one that integrates economic growth, the distribution of income between capital and labor, and the distribution of wealth and income among individuals into a single frame. Capital in the Twenty-First Century is an extremely important book on all fronts. Piketty has transformed our economic discourse; we’ll never talk about wealth and inequality the same way we used to.

 Hernando de Soto is a Peruvian economist and author of The Mystery of Capital. This piece originally appeared in the French weekly magazine Le Point.

Fictitious Capital and the European Economic Crisis

I couldn’t agree more with Piketty when he says that lack of transparency lies at the heart of the European crisis, ongoing since 2008. Where we part ways is at the solution he proposes: assembling a giant ledger — a “financial cadaster”— that includes all financial paper. That makes no sense since the problem is that European banks and capital markets abound in what Marx and Jefferson called “fictitious” capital or paper that no longer reflects real value. Why would anyone want a cadaster of trillions of dollars and euros of obscurely bundled derivatives, based on untraceable or poorly documented assets that are swirling mindlessly in European markets? A cadaster that merely sums up the “value” of all these instruments therefore would do nothing more than report a meaningless number for fictitious capital. Especially considering that a major reason why the European economy is barely growing is that no one trusts the financial institutions that are holding this paper.

So how can we go about creating a cadaster of reality and not fiction? How can governments get a grip on economic facts that can be tested for truth in a global market full of illusory paper? How can we locate, fix and control something as immaterial and transcendent as capital? Of all people, the French have supplied the answer with their property record-keeping systems developed before, during and after the French Revolution. In those days, feudal record keeping systems couldn’t keep up with the growing force of expanding markets and recessions flew out of control as trust among the French disappeared and people took their frustration to the streets. French reformers responded not by trying to cadaster a messy financial system but by creating radically new fact gathering systems that mirrored reality and not fiction.

Simple and brilliant: Property records, as opposed to financial records, are written up in rule-bound and publicly accessible registries and contain all the knowledge available relevant to the economic situation of people and the assets they control. No one can afford to be incorrect about the amount of capital they own, as they would otherwise lose it. In French reformer Charles Coquelin’s words, “France was able to modernize when throughout the 19th century the country learnt to record property and thus “pick up the thousands of filaments that businesses are creating between themselves, and thereby socialize and recombine production in a mobile fashion.” Piketty has his heart in the right place but his papers in the wrong archives. The issue in the 21st century in the West is assetless paper and everywhere else it is paperless assets. How do you deal with misery, wars and violence at a time when most of the records of the world have stopped representing crucial aspects of reality? 

 

Prior to 1993 superannuation was very different to the current system. According  to Treasury data in 1986, over half of Australian full time employees did not have superannuation coverage, and over 80% of those who did, were members of a defined benefit scheme, which would not have been reported as an asset. By 2000, nearly 97% of full time employees had superannuation coverage, with 86% of those employees in accumulation type funds. The superannuation guarantee has been a significant contributing factor in the importance of superannuation as a household asset.

The increase in housing values is the second trend which has altered the mix of assets. Over this time residential house prices rose significantly, with ABS data showing an increase in the Residential Property Price Index across eight capital cities from 69.0 in September 2003 to 120.2 in 2014. Given that in the 2002 data the major asset of Australians was the family home, homeowners benefited disproportionately from the increased value of housing. Even with the significant increases in superannuation, for older Australians the proportion of wealth held in housing has been maintained as their total wealth has increased.

ineq wealth

The more concerning finding for policy makers is that wealth inequality has increased, and that superannuation holdings and investment properties are factors in this inequality. HILDA data shows that in 2014 the mean superannuation balance of the top 10% of people aged 50 to 69 was $991,268, up from $650,619 in 2002, compared to $210,798 in 2014 for the sixth to ninth decile and $13,719 for the bottom 50% [although a significant number of retirees in this age group do not have any superannuation balance]. There is a strong correlation between high superannuation balances, income and non-superannuation wealth. People in the top decile have access to higher levels of income to make higher levels of concessional contributions, and the ability to find the funds to make non-concessional contributions into a tax preferred investment environment. As has been noted previously, the current superannuation system allows high income and high wealth individuals to over-accumulate in tax preferred superannuation, which increases wealth inequality as well as intergenerational inequality.  Government proposals to restrict the level of contributions and to reduce the amount that can be retained in a tax free environment are important tools to address increasing levels of wealth inequality in our community.

Generous policy changes during the last 20 years introduced two age based tax breaks: the Seniors and Pensioners Tax Offset (SAPTO); and a higher Medicare levy income threshold for senior Australians. They are part of a series of policy choices, made as the electorate was ageing, that have disproportionately benefited older Australians. As a result seniors pay less tax than younger workers on the same income. The age-based tax breaks for seniors should be wound back. They might have been affordable when they were introduced but no longer. They damage the budget, they exacerbate unsustainable transfers between generations, and they are unfair. They are badly designed for any plausible policy purpose such as to increase participation or to ensure the adequacy of retirement income for poorer Australians. Nor are the tax breaks a fair reward for those who think they have already paid their fair share of taxes over a lifetime. Large tax breaks for seniors are a relatively new invention that were not provided to the previous generation of seniors.inequal superThe current generation of seniors benefits far more from government spending, particularly on health. A principled approach to reforming age-based tax breaks would minimise their administration and reduce their budgetary cost, while maintaining the adequacy of retirement incomes and incentives to work. The best balance between these criteria would wind back SAPTO so that it is available only to pensioners, and so that those whose income bars them from receiving a full Age Pension pay some income tax. Seniors should also start paying the Medicare levy at the point where they are liable to pay some income tax. They would then pay a similar amount of tax to younger workers with similar incomes. This package would improve budget balances by about $700 million a year. Seniors also receive a larger rebate on their private health insurance than do younger workers with similar incomes. This larger rebate has no obvious policy rationale. It does not appear to increase private health insurance take-up. Seniors are already adequately protected from higher private insurance costs by “community rating” arrangements. The private health insurance rebate for seniors should be reduced to the same level as for younger workers with similar incomes. This reform would improve budget balances by about $250 million a year, after accounting for the additional government health costs as a small number of seniors choose to discontinue private health insurance.

In a shift that will be met with fierce resistance from investors and Australia’s self-managed super funds, Labor will shut down an extension of the dividend imputation scheme created by John Howard and Peter Costello, and restore the system to the original design, implemented by Paul Keating in the late 1980s. Keating introduced dividend imputation in 1987 to prevent the double taxation of dividends, once as company profits and once as personal income, and the Howard government then enhanced the scheme by allowing individuals and super funds to claim cash rebates for any excess imputation credits not used to offset their tax liabilities. Labor argues the closing of the Howard concession on dividend imputation is necessary because of the drain on the budget, and because the generosity of the arrangements distorts the investment decisions of self-managed super funds since there is a strong incentive to maximise imputation credit cash refunds, rather than diversify holdings. According to Labor’s policy documents, some self-managed super funds are claiming cash refunds of up to $2.5m under current arrangements. Analysis by the Parliamentary Budget Office says the top 1% of self-managed funds claimed, on average, cash refunds of $83,000 in 2014-15.

ineq cf

 

 

 

Not so super.

This is the first time I have had occasion to make comment on 7.30 report; Leigh does such a good job in interviewing guests and usually the producers are very talented at choosing interesting topics and exploring them in great detail. However, with regard to the recent series on superannuation, the program producers have laid an egg. As one who sold super for a NAB subsidiary for a decade I know a little about the subject, unlike the motley crew of fools and charlatans dredged up to try and show what has happened to the system.

Part one purported to show the background but left out some important salient facts. Research demonstrated quite emphatically that, unless forced, Australians chose not to save for retirement. So, when the system was introduced, with the exception of a few accountants, everyone lauded what was widely considered the best system in the world. The advisors [such as myself] welcomed ‘the rivers of gold’, Kelty was ecstatic; the unions finally had a purpose for which they didn’t have to charge joining fees, and the Dire Staits song “Money for Nothing” became the industry hymn. Few people understood the long term ramifications of having an enormous national savings pool, today bigger than the ASX, that would provide a stabilizing keel to the whole economy. The GFC would have been much worse had the combined super funds not been there to keep the stock market stable.

costello

It all started to go wrong when the Government changed. The new Treasurer never really understood the aim of a National Compulsory Superannuation Scheme; it was all the work of the unions, and as such, must be resisted at all costs. The coalition introduced taxation deductions and subsidies encouraging voluntary contributions from those who could afford more than the 9%, which left the vast majority of ordinary taxpayers outside the loop. Accountants, who stitched up middle income salary earners into disastrous negative gearing schemes, and recognizing the outrageous fees being paid to so-called ‘advisers’, hit upon Self Managed Super Funds [SMSF] to tap into the tsunami of fees being generated. Like negative gearing it mattered not that consumers understood their obligations as trustees of their own fund, it was enough that individuals now assumed control of their own super! Had the original scheme simplicity been retained, very few of the problems that now beset the system would have occurred.

cossie

So to use the former Treasurer, who was largely responsible for changing the system beyond recognition and making it a vehicle for the further enrichment of the few already wealthy in society, as a commentator, was really rubbing salt into financial wounds.

The opening words of part two really set the tone. Every adult learned at their grandmother’s knee along with ‘if it appears too good to be true, it probably is’ the aphorism, ‘free advice is worth what you pay for it – nothing’. Costello is a charlatan of the first order. And to make matters worse he is stupid with it. He had the opportunity to create a sovereign fund to eclipse that of Norway. Instead the only people who will benefit from the Future Fund are already overpaid Commonwealth Public servants when they receive their taxpayer funded indexed pensions and still have the temerity to call them selves ‘self funded retirees’; who, just to guild the lily, demand that they continue to receive tax rebates from tax they never paid.

In addition, the use of Paul Howes, now working for one of the worst rorters of the system, KPMG, shows how little the average Australian, in this case the program producers, understand the place of the big four in the exploitation of ignorance surrounding superannuation. The most obvious is the promotion of SMSF. I’ve never really understood the consumer who, having made a wrong decision, deciding to broadcast their stupidity on national TV. You could have got more and better examples from the Royal Commission where advisers showed their worst examples rather than the pathetic middle aged women who really didn’t know how they had been screwed: As one said “I’ve lost $10,000, or perhaps it was $7,000” – she really had no idea – it was the best example of the need to improve financial literacy from the whole show. We all joke about the scam originating from Nigeria but what the poor unfortunates from your program underlined is that the Government regulators have been remiss in protecting consumers in their homes in suburbia. The use of an academic from a business school was also unfortunate. According to everyone involved in education, more qualifications will improve the level of advice and improve consumers understanding: similarly the productivity commission spokesman seemed unaware that ASIC has been wobbling on about FOFA since 2012 and that many of the structural deficiencies can not be fixed by constantly tinkering with a broken system. Forcing advisors to accumulate useless qualifications will not ensure better advice – it will simply push the cost of advice higher.

Earlier this month, APRA welcomed the passage of legislation granting it stronger powers to take action against the trustees of under performing superannuation funds. The new law empowers regulators to take civil penalty action against trustees and their directors for breaching their obligations to members, including the duty to act in the best interests of members. Deputy Chair Helen Rowell said the legislation significantly strengthened APRA’s ability to drive trustees towards improved outcomes for members and to address under performance at an early stage. “Previously, APRA could only direct a superannuation trustee after a contravention of the law had taken place, or where it believed there was an urgent, material threat to members’ interests. The new power gives APRA the ability to intervene at an early stage before members suffer significant harm. The new civil penalties that may be imposed on trustees and directors for breaches duties will attract both civil and criminal consequences. This, combined with the broader directions power, gives APRA much greater leverage to influence trustee behavior from the outset and to push trustees to meet their obligations to members under the law. “In some instances, acting in the best interests of members will require under performing funds to exit the industry. If trustees and trustee directors are not willing or able to meet their duties to members, they should be prepared to face serious consequences.”

Part three missed the opportunity for the program to show how SMSF members must engage in a review of the performance of their funds bench marked against industry standards. Failure to do so will produce massive disruption to what has become a large, relatively unregulated section of the industry. Instead of members complaining about the loss of a few thousand dollars, many SMSF members will suddenly be confronted with the loss of hundreds of thousands due a combination of not following the rules [the sole purpose test] e.g. the lady who invested the whole fund in the one property, and the highly anticipated downturn in markets. Most of the advisors are in the same position as 2007, i.e. they have no idea of how bad it could get, very few have any sort of disaster strategy and, contrary to 2007, there is little prospect of the Federal Government spending it’s way out of depression. When the excreta hits the fan, the couple in the yacht will have trouble finding the advisor in whom they placed their trust [and probably full investment discretion] and in any case he will prove that, as trustees they have full responsibility for their fund.

super

The program could have shown the ease with which any individual with an internet connection could find multiple redundant super accounts [using myGov] and an online tool allowing policyholders to compare life insurers’ performance in handling claims and disputes. There was little recognition of the cost of chasing performance. Not once was the statement ‘past performance is no indicator of future returns’ mentioned. And, as the marshmello said with his smug smirk, what happens when the stock market collapses and all the money invested is reinvested into Government bonds returning the same rate as inflation.