Originally posted by: PC Surgeon
Putting "you people" aside. Lets discuss this so that I may gain a better understanding of which you seem to have.
Yes under the FTCA the FED is not liable for damages, as it states very clearly. But the reason they aren't is because:
The FED "are independent, privately owned and locally controlled corporations.?
What sense would it make to say the FED was privately owned and locally controlled corporations if it wasn't true? Maybe I am misinterpreting it. Enlighten me.
Quasi-government entities are very strange birds. Legally they exist in a no-mans land, since they aren't really considered "private corporations" for some purposes, but are for others.
For example, the USPS is essentially a "private company", yet the employees are government in many cases but aren't for others. The USPS cannot strike, since they are federal employees, but they do not enjoy many common federal employee benefits.
The FDIC is very similar, as is the Fed. Both cannot be sued in the same manner as the actual government, since they aren't a part of the government for that specific aspect, but they are considered the government for many others. This includes the ability of the government to hire and fire Fed employees. Additionally, Congress can, and has many times, changed the aspects in which the Fed operates, which it could never do if the Fed were completely private.
Another aspect is that entering into executory contracts with the government can introduce you to several problems. Foremost among those is that if that contract requires a payment for a service, that payment can be offset by taxes owed by the person owed money.
For example, I know of securitization facilities that finance leases made to the government. Lets say the company who originally made the lease sells it to my bank, we finance it and give the company money. What happens if the company goes bankrupt and cannot pay taxes owed to the government? The government has the right to ultimate offset those taxes, even if my bank, for legal and accounting purposes, owns that lease.
As such, the bank can seize all cashflows and money related to a lease I own for the purposes of paying taxes.
However, the USPS, FDIC, and Fed aren't covered under these laws, they have *NO* right to offset anything. THat's why many banks will not take set-off risk for government loans/leases, because they want to make sure they will get paid. FDIC, USPS, and the Fed do not have this risk.
You see, these entities are very odd in many respects. Further consider the GSEs (Fannie, Freddie, and Ginnie Mae). All of them are government sponsored entities, they are technically private/public companies that do not have a government guaranty. However, it is widely thought that if one of these companies gets into capital troubles, the government will bail them out. As such, the financing costs of all three are *MUCH* lower than your traditional mortgage company.
You cannot just say that it is, or isn't, part of the government. You have to carefully consider in which light you are speaking. The Fed, for the purposes of control and oversight, is part of the government. For the purposes of ownership, it is part of the government, but is "owned" by the banks in which reserves are maintained, those are all public companies like Bank of America and others.
However, to say it's owned by "private bankers", is completely ridiculous. It's technically owned by every bank in the country that's a Member bank. It's not controlled by the Member banks, but is controlled by Government appointees.
The reason why the Member Banks "own" the fed is because every bank which has an interest in the banking institution has an interest in maintaining the institution. It provides immense stability, as can be seen in many cases, such as the S&L crisis, Credit union problems, and several other situations. Overall, runs on the banks are drastically reduced because the system of interlocking banks is much stronger than one which has no connections.