Cantor Fitzgerald, formerly led by Commerce Secretary Howard Lutnick and is now run by his son, went to various companies that were affected by tariffs and bought the rights to their potential tariff refunds for 20% of the value on the expectation that it'd be struck down by the courts.
Now they stand to make huge returns of 3 to 5x for being correct on that bet, while, of course, consumers get nothing. Now if this isn't insider trading (by the literal Commerce Secretary), I don't know what is.
This is wrong. It's not insider trading. Lutnick didn't have inside information. His son just had a brain. Anyone who read the case knew which way the court was going, it was the least surprising decision ever. Perhaps the only surprising thing is that the court ever heard it.
He presumably did not have access to the court's opinion before it was released, but he did have access to internal White House legal opinions before the tariffs were announced ("Mr. President this is illegal and very likely to be overturned by the courts"), and he obviously had access to the entire federal legal team during the court cases.
I can't prove that there was any White House advisory memo before the tariffs were announced, but hypothetically, would this not be considered material nonpublic information? It seems the same as a corporate insider dumping stock because a company lawyer privately told them "we're definitely going to lose this case".
>I can't prove that there was any White House advisory memo before the tariffs were announced, but hypothetically, would this not be considered material nonpublic information?
Was the hypothetical "White House advisory memo" produced using any proprietary information? If not, why should it be any different than if I hired a bunch of top lawyers to produce a private report for me?
Because this hypothetical memo was paid for by our tax dollars, not your own private money! That means it belongs to the American people, not individuals for their private gain. Using it for your own gain would be theft from the American public.
In this hypothetical case, of course. There is no evidence that such a memo exists. But if it did...
> That means it belongs to the American people, not individuals for their private gain.
This is a strong case that there ought not to be any such thing as a secret opinion or confidential advice from the White House OLC - and I agree with that opinion if that's what you're saying.
But it doesn't transform the information contained therein to nonpublic.
I'm not saying this whole thing wasn't a total scumbag move - it was - but it's not quite the same crime as insider trading.
> But it doesn't transform the information contained therein to nonpublic.
The legal opinion itself was non public? If they couldn't use that they would first have to put up the money to pay the legal fees to find out how likely their bet was to pay off.
And just to put this in writing too, I would be shocked if we don't find out later that a lot of the volatility was a way for a few people to make a lot of money. You can make a lot of money when there's more volatility. So all the flip flopping on tariffs yes/no might very well be manipulating markets...
Yes, because it was produced by the same people that are going to argue the case in court. You can hire the best lawyers in the world but they will still have to speculate on what arguments the government is going to make, and whether there are confidential communications showing evidence that there was some consistent rational justification for the tariffs and not just the president's public posts that leader X was mean to him on the phone so he imposed a tariff.
Not just a Whitehouse insider, the guy actively doing the policy he was probably being advised was illegal and would be overturned.
And also probably one of the guys most pushing for this policy which was probably advised would likely be overturned.
Tariff policy is ultimately implemented by the Secretary of Commerce. This isn't some random other staffer in the Whitehouse that heard these policies wouldn't go, it was the guy actively doing it likely stands to make significant financial gains for his actions being found to be illegal.
The level of corruption on that is just absolutely mindblowing.
>but he did have access to internal White House legal opinions before the tariffs were announced
yes but the opinion that it was illegal was the received wisdom by everybody with any sort of legal expertise in the subject. It would have been completely insane if the white house staff didn't believe the same. So I guess I'm actually surprised at the white house staff believing what everybody else did?
> yes but the opinion that it was illegal was the received wisdom by everybody with any sort of legal expertise in the subject
That isn’t true and you should really question whatever news source told you that. Putting aside that it was 6-3 in the Supreme Court. It was a 7-4 decision in the en banc Federal Circuit, with two Obama appointees voting in favor of upholding the tariffs. The lower appellate court opinions amounted to 127 pages: https://www.cafc.uscourts.gov/opinions-orders/25-1812.OPINIO....
You don’t get cross-party splits like that on issues where “everybody with any sort of legal expertise in the subject” agrees. If anyone with legal expertise was telling you that this issue was simple, they’re probably not very good at their job.
You’re piling speculation on speculation. First of all, there was no such memo saying the tariffs were “very likely to be overturned.” The Supreme Court decision was 7-3, with two Bush appointees voting to uphold the tariffs. The appellate court decision was 7-4, with two Obama appointees and two Bush appointees dissenting. Second of all, there is no evidence that this legal analysis was leaked to Cantor.
Who cares? The Treasury Secretary shouldn't have family profiting off fixing illegal policy the Treasury Secretary enacted. That should never happen. It is wrong, it doesn't explicitly spelled out.
The two answers I'm hearing to my question so far are that either this decision was so obvious that anyone could have predicted it without insider information, or that this was a split decision that the administration could not have predicted ahead of time.
You're right that maybe there never was any internal memo, just thought this was funny.
> but I don't see how we could know there is no such memo.
There was no such memo because OLC isn’t full of dummies. Maybe the talking heads on CNN said the case against the tariffs was a slam dunk, but you don’t get split courts at multiple levels for cases that are slam dunks.
I understand your position but I disagree. If I were trying to predict whether the government is going to win in court, I think reading what the government's own lawyers think about the case would be valuable. If it were possible to pay for this I think people would, that's why I think it is material. Some random person's opinion is not relevant information, but the opinion of people directly involved in a case is.
That's fine, to each their own on trying to make predictions. I did try to predict it, did it accurately (along with many others, this wasn't the hardest thing ever), and wouldn't have had any interest in any internal memo.
It's a public arena on things like this. I don't think even the justices themselves have "material inside information" until a little ways through the hearing, and people are trying to predict the outcome well before that. On the surface that might sound absurd, but it isn't.
If you go to a random lawyer in Wyoming and ask them to write "expert opinion" then what you'll get would probably be something standard, written by a junior associate, or maybe even produced by ChatGPT.
If the White House orders "expert opinion" on potential Supreme Court ruling then the chances are that the expert asked to prepare it is someone who plays golf with some of the SCOTUS judges.
So those two "expert opinions" might not bear the same weight.
Is a lawyer working on a case allowed to short the stock of his client?
Why not?
(Hint: it creates a perverse incentive to see your side lose the legal argument for your own personal gain.)
And in this case, it's the actual secretary doing it. Who has significant influence on the outcome of the case (largely in the negative - nothing he can do can make the government more likely to win it, but stuff he did has the capacity to make the government more likely to lose it.)
In the business, even the appearance of impropriety is damaging. People who work in finance aren't allowed to trade the same stocks as their company is trading, whether they have any inside info or not. The assumption is that simply by being close to a source of information, you are compromised. The same restrictions should apply to those close to government. By being family, he is compromised by default.
Wrong. People who work in finance (I spent years there) are allowed to trade stocks their company is trading. There is a process to get approval. The equities division at an IB might be trading every single name in the S&P500. If you sit in the investment banking division and that division isn't doing anything related to a name, you are likely to get approval.
In this case, the idea that Cantor can't do something because the former head is now in a government job is crazy. No one "in the business" thinks Cantor is suddenly hobbled.
> In this case, the idea that Cantor can't do something because the former head is now in a government job is crazy. No one "in the business" thinks Cantor is suddenly hobbled.
That's not the idea, and it almost seems like a straw man to be honest. The actual idea is that the current head of Cantor can't do something because he's a direct relative of a high ranking government official whose powers and job duties present a conflict of interest for this specific set of transactions.
Cantor Fitzgerald is an investment bank. Rather than claim a straw man, think about what they do and how it interacts with the administration. Everything they do is heavily regulated. If they couldn't do anything that gave an appearance of a conflict, they literally couldn't do a single thing that makes up their business and would be hobbled.
I think a lot of people feel like people who have one foot in a heavy regulated industry shouldn't have their other foot in the regulatory body that regulates that industry.
> If they couldn't do anything that gave an appearance of a conflict
This time I won't say maybe - that's a straw man.
I never said Cantor shouldn't be able to do anything that even gives the appearance of a conflict. Or anything even close to that really.
As you said yourself further up the thread, investments of investment bank employees are highly regulated. And not only employees themselves, but also their immediate family members.
Yet that same level of legal regulation doesn't apply to immediate relatives of government officials. We've seen frequently with spouses and children of congressmen, and now we're seeing it with the son of a cabinet member. Yes, this may technically be legal, but legal does not equate to just and desirable. This reads to me like a serious loophole in the law that needs to be closed.
You are just out of your depth in this area. You don't understand what Cantor has done here, you don't understand what Howard can or cannot do in his role.
Howard Lutnick's positions have been directly opposite of what Cantor has bet will happen. Cantor has 10 or 12 thousand employees and is constantly doing all manner of things. Howard has no power over the supreme court. His son is the chairman, he's miles away from being in the weeds on what specific things they do. He isn't going to be comped like crazy as the chairman.
There is no conflict. There is only the appearance of one and it only appears that way to people who don't understand the situation.
Almost all companies issuing stock to employees also ban them and their family members and fellow house residents from trading in the same stock to avoid insider style improprieties and the SEC has frequently prosecuted such cases. Wild that congress and WH staff have zero such restrictions even in 2026!
>People who work in finance aren't allowed to trade the same stocks as their company is trading, whether they have any inside info or not
But the supreme court is a separate branch of government from the executive, so the analogy doesn't really hold. To claim otherwise would require Lutnick playing some 4d chess where he's publicly pro tariffs, but secretly anti-tariffs and was sandbagging the government's legal defense (can he even do that?), all the while not tipping Trump or the MAGA base off for being disloyal.
One might argue it should fall under a different technical label, but whatever label one uses (A) it stinks of corruption and (B) it's only the tip of the iceberg.
People entrusted with government authority to do work for the public shouldn't be personally profiting from how they decide to wield that authority. Imagine a policeman that arrests people while placing bets about how long that person will be jailed, what they'll be charged with, or whether they'll be convicted.
The objection that "it's unfair, they know something other bettors don't" occurs first not because it's the biggest issue, but because it's easier to prove.
The bigger problem is making improper decisions with their work-powers in order to personally profit, a trust and separation which they've already destroyed by placing the bets in the first place.
it doesnt have to be black and white. they knew enough to spin up a business that when it is overturned they could make money... which means they knew the probability was high.
Insurance company deal: if you pay us $X now, and then Y happens, we will make you whole, even though that cost may very well exceed $X.
Lutnick deal: we pay you $X' now, and if Y' happens, we collect everything which will substantively exceed $X'.
This is not insurance, its closer to shorting stocks.
Oh, one other thing: the insurance company has essentially nothing to do with Y at all, in the sense that they have no control over Y and generally speaking no involvement in it (think: accidents, floods, storms, fires). By contrast Lutnick is the Secretary of Commerce of the United States of America.
I have no idea what the point of this is, since it just restates what I wrote, and reinforces the point that the Lutnick deal is nothing like "insurance".
That's not really the comparable here, you need to find a person with vested interest in the outcome of the student loan forgiveness program.* Someone that was working within the agency responsible for the program and actively was in the discussions where the legality was discussed. Then made a scheme to financially get rewarded. Not only that used his son as a way to create the illusion of separation.
* And not just a borrower that wouldn't be anywhere similar to this level of conflict.
This is easy to say in hindsight. There was a non-zero chance the decision could have went the other way. Also, companies aren't stupid. They don't buy insurance against things that are impossible.
And the supreme court doesn't hear cases that are 100% obviously illegal.
Companies don't want to deal with the headache for many things. It's not a given over what time horizon and how much work is involved to get the refund. It's totally sensible to sell the claim for 70 cents on the dollar for example.
The supreme court absolutely hears cases that are obvious. They do it for several reasons - to create clarity, to narrow scope, to set a very clear precedent, and other reasons.
It wasn’t “close to zero.” The Supreme Court split 6-3, with two Trump appointees voting against him. And the Federal Circuit, which is the most boring appellate court and not political at all, split 7-4, with two democratic appointees and two republican appointees voting to uphold the tariffs.
This was a case that split both the liberal and conservative blocs. Obama’s former SG, Neal Katyal, went up there and argued for limiting presidential power over the economy. One of the justices quipped about the irony of Katyal’s major contribution to jurisprudence being revitalization of non-delegation doctrine, which has always been a conservative focus.
Did you read the ruling? Read Clarence Thomas's dissent. It's not clear if he actually thinks what he wrote, or he just voted that way so he could write a dissent and make a strange legal point which probably doesn't carry water but sort of maybe could one day maybe.
If it were close, I think he would have voted the other way. The folks on the court appear extremely inclined to take the other side on things just as a mental exercise, or to be able to write something on the record that they find interesting.
And, surely you understand that many see using the due process clause to make his argument was a stretch. Just saying "his analysis is extremely cogent" doesn't make it so.
I think the issue is that someone working in public office had influence to affect that probability, and their relatives stood to gain from it.
I don’t know enough about the ethics laws to know if it was strictly illegal, but it does create a smell.
Suppose a county engineer has influence on whether oil drilling will be allowed (they don’t make policy but consult those who do), and prior to approval their relatives buy up a lot of land in the area. That engineer may not have been the deciding factor, but it seems like it runs afoul of ethics laws/standards.
They weren't buying insurance. There's no insurance payout for the companies. They got a small amount of money in hand, and lost the chance to reclaim any of the tariff refund. That isn't insurance.
Also, the SCOTUS is not a criminal court, it is a constitutional court. If a case is heard there, both sides have not agreed on "obvious illegality". That is unsuprising since in general one side (in this case, the administrative branch of the US Government) is being accused of illegal behavior - when it comes to constitutional rather than criminal questions, most parties do not just accept their guilt, but push as far as they can towards exoneration.
Frequently, however to everybody else, the case concerns obvious illegality.
> And the supreme court doesn't hear cases that are 100% obviously illegal.
There is an argument in about two months' time as to whether or not the Birthright Citizenship clause of the 14th Amendment actually guarantees birthright citizenship in the US. There is no serious legal argument in favor of the interpretation being advanced by the Trump administration, that it does not. And yet here we are.
What’s happening is that the deal stinks, and people aren’t precisely analyzing exactly why it stinks so they’re just using it to confirm their priors.
The deal stinks because Cantor bet against the administration that its former head is a part of, and against the signature policy of the president its former head serves.
A lot. If you remember all the tariff announcements in the first months of 2025, the stock market tanked and it was an easy buy. The market then reasonably quickly realized many of these tariffs weren't going to persist. The payoff was fast, and the reason you didn't see a massive uptick in the market when the ruling came out was because it was already priced in at that point.
Just because something isn't obvious to you, it doesn't mean it wasn't obvious to a lot of people.
> This is wrong. It's not insider trading. Lutnick didn't have inside information. His son just had a brain. Anyone who read the case knew which way the court was going, it was the least surprising decision ever. Perhaps the only surprising thing is that the court ever heard it.
If this was so obvious, wouldn't there have been more competitors pushing down the value of it?
The people selling the debt thought there was a ~ 20% chance the money would be collected.
Is there any proof he didn't have insider information? With this administration + court, it's rare when some sort of fraud, bribes, or protection money payments aren't at play.
Technically it might not be "insider trading" since most information (we assume) was public knowledge.
But members of the government being able to trade on matters of government policy is exactly how government corruption works. Previous administrations understood this was important to prevent (Carter putting his peanut farm in a blind trust, the Bush's did the same) but now Trump has made clear corruption is just totally fine (why else become president or a government official).
It's not insider trading, but surely it's a conflict of interesting? If you ignore all the specific name calling, isn't it still quite wrong that one minister can financially bet against the administration?
You mean the guy who kept talking about bringing back jobs to US - jobs requiring Americans to screw iPhone parts - wasn't debating in bad faith, like you are doing here? I am shocked, I tell you. I am really shocked.
The mental gymnastics people are performing in order to convince themselves that this isn't the most corrupt administration the US has seen in modern history is staggering.
If a fraction of the level of skepticism these people applied to Hunter Biden and Hillary Clinton were applied to Trump and his cronies, they'd be demanding impeachment.
Seriously. These monarchists in this thread contort themselves in every which way to make sure their dear leader is always in the clear.
Shall we forget the shitcoin rugpull Trump has used to launder billions from foreign leaders?
The transparent bribes he's taken to his political org that have resulted in pardons for smuggler, drug lords and murderers?
The $200 million dollar contract Kristi Noem funneled to a company an operative of her for "marketing", formed days before the contract was awarded?
The secretary of labor using funds to throw herself a lavish birthday party and travel around the country?
Kash Patel flying himself and his girlfriend around on an FBI jet with an expensive security detail so they can party?
The fact that insiders are openly insider trading in crypto, the stock market, and these betting markets (both the illegal Venezuela and Iran invasions had huge extremely suspicious bets right before actions were taken).
This barely scratched the surface of this term alone. These fascists are so transparently corrupt.
Source? I saw this claim going around but the one actual source supporting the claim was more like “we have the cash to buy them if folks are willing to sell them” and didn’t go any further than that.
Via Newsweek, Cantor Fitzgerald has affirmed it “never executed any transactions or taken risk on the legality of tariffs.”
This is contradicted by Cantor Fitzgerald documents obtained by Wired which said "We’ve already put a trade through representing about ~$10 million of IEEPA Rights and anticipate that number will balloon in the coming weeks".
So we don't really know, someone is lying. I'd prefer to let the congressional investigation play out, but if I had to guess right now I would believe Wired over Cantor Fitzgerald.
You've been sucked in by an online lie and are spreading it as fact:
"Amid online claims Commerce Secretary Howard Lutnick’s sons, Brandon and Kyle Lutnick, senior executives at Cantor Fitzgerald, could benefit from the Supreme Court’s tariff ruling, a firm spokesperson told Newsweek it has “never executed any transactions or taken risk on the legality of tariffs.""
No, because "the government" isn't one blob. The court system is separate from the administration. And the supreme court justices aren't giving the internal deliberations to someone in the administration, especially when the administration is one of the parties in the case.
.... what? 3 of the justices were nominated by Trump. You think the people appointing them didn't have internal deliberations before they were appointed, including about things Trump had thought about like tariffs? Even FDR knew the 'separation' was a farce, that's how he magically got the court to go along with progressive programs they prior didn't support, after the 'Switch in time that saved nine.'
SCOTUS largely functions as a post-facto legitimization machine for those that appoint them. They do not interpret the constitution so much as serve as god-people in funny costumes that provide the cultural message from god that the actions of their political persuasion were legal (or illegal) even in cases where a historical and literal reading of the constitution would otherwise find you with no way to find them legitimate if not for man in black robe say so.
------ re: "2 of 3" below due to throttling--------
A vote to refund here was not a vote against the admin, it was a vote to simplify the laundering of the tax. It was a vote to put the money straight into the coffers of admin insiders like Lutnick et al financial engineering scheme. Meanhwile it did not invalidate tariffs, as Trump immediately pivoted to a different tariff structure.
As a second note, the profit here was actually not dependent nearly as much on the vote as the insider information. The fact the best any rebuttal can come up with is the vote might have been 'wrong' is basically totally defaulting to the insider trading element which means you are totally yielding the underlying premise.
That is, the only 'vote' against the admin in this case would be one that went against their insider information. Failure to note this is how the justices and admin have swindled you and the public. The very posing of this comment of rayiner et al reveals how they tricked you.
> what? 3 of the justices were nominated by Trump. You think the people appointing them didn't have internal deliberations before they were appointed, including about things Trump had thought about like tariffs?
They were nominated in Trump's first term, which had a very qualitatively different cabinet assembled around Trump, one much less focused on sycophancy and pleasing Trump. I don't think anybody in Trump's cabinet 6 years ago was thinking about the potential powers a president had in being able to change tariffs based on how he felt waking up in the morning, much less interrogation of judicial candidates based on how willing they were to go along with that.
You can blame RBG for one of those. It fascinates me that Biden made the same mistake RBG did, I’ll always wonder how different the would would be if she had stepped down and the democratic party had held a real primary.
I don’t like trump, I think he stinks. The democratic party has a few own-goals in this current game.
I can't blame Ginsurg. She was still capable of performing her duties even at the end. She resisted an overtly political retirement and it wasn't even clear if a compatible replacement would be confirmed even if she did retire early.
It's unfortunate how it went, but I respect her decision.
> I don’t like trump, I think he stinks. The democratic party has a few own-goals in this current game.
You guys should have nominated Amy Klobuchar as VP so you had a credible backup when it became apparent that Biden was too old to run again. That’s a mistake that’s going to continue holding you back, since Biden made South Carolina the first primary state: https://www.masslive.com/politics/2025/06/2028-dem-frontrunn....
As Obama said, “never underestimate Joe’s ability to fuck things up.”
>.... what? 3 of the justices were nominated by Trump. You think the people appointing them didn't have internal deliberations before they were appointed, including about things Trump had thought about like tariffs?
Given that the 2/3 justices appointed by Trump voted against the tariffs, what's the implication here? That Trump deliberately picked anti-tariff justices just so he can engage in a rube goldberg plan to enact tariffs, buy tariff refunds on the cheap, and then have them revoked?
Trump can profit either way, the key is the insider knowledge to bet for or against them. Admin insiders financially engineered where they profited from refunds.
Any vote towards what the insider information pointed to was a vote 'for' the admin as they had financially engineered their winnings based on that. And meanwhile Trump immediately turned to a new tariff structure. The vote they gave was the strongest vote in favor of the admin insiders they could have given, and meanwhile didn't actually stop Trump from continuing on with the scheme.
> .... what? 3 of the justices were nominated by Trump. You think the people appointing them didn't have internal deliberations before they were appointed, including about things Trump had thought about like tariffs?
Following that logic, it make sense that those 3 voted with the administration.
I don't see how a vote against is a vote against the administration. The whole point here is their corruption machine profited more off the justices voting against the tariff and for refunds. The tariffs were a mechanism to feign a tax for public purpose but then 'refund' them turning it into a tax to private business and Lutnick's financial engineering. Funneling the money straight into corrupt private enterprise via 'refund' is even easier for Trump than having to launder it through public coffers.
The key is whether they had insider information given their association with these justices.
>> SCOTUS largely functions as a post-facto legitimization machine for those that appoint them. They do not interpret the constitution so much as serve as god-people in funny costumes that provide the cultural message from god that the actions of their political persuasion were legal (or illegal) even in cases where a historical and literal reading of the constitution would otherwise find you with no way to find them legitimate if not for man in black robe say so.
(2) Is that SCOTUS functions as a legitimization process
(3) Is that de-legitimizing this particular tariff regime, while trump immediately pivots to a new tariff, is a best case scenario for the admin insiders as it lets them profit immensely from refund corruption while still pivoting immediately to a new tariff. The vote was one in favor of the Trump insiders.
(4) It is hilarious that the best counter your argument et al includes is just glossing over the insider aspect, which means you're just yielding the entire underpinning to this thread to me, which is more than enough to satisfy the premise on its own even if you reject this particular vote as being in the service of the admin insiders.
Of course, if you just smugly quote half of what I said and keep ping ponging one side or the other when I study the other half, citing muh changed argument, then you can play this fraudulent argument that pretends I "changed" what I said. This reveals your argument as a deliberate fraud so I will leave you the last word to lie further to the ether, rest assured I will not read whatever non-sense follows.
You don't need to have access to everything for it to be insider trading, just more than the general public. Lutnick would know what case they are making to the court, perhaps the confidence of the attorneys in winning as well as information on how the case was going.
There’s no secret sauce here - their guess as to how the case is going is as good as any outside observer, and based on the questions made by the justices.
I'm shocked you can't see how this is a potential conflict of interest. You don't need to know the exact outcome of the SC decision to have confidence that things will land in your favor. There are certainly all kinds of high level discussions with legal experts in the White House that could have hinted this outcome as likely. The real question is whether there's any personal involvement still with Cantor or this was something launched without influence. If there was influence though, there will of course be denials and bold-face lying (just like with the Epstein involvement).
You don't need a crystal ball to understand a conservative supreme court would require the government to refund what amounts to an illegal tax on American businesses. If you stick your hand into a fire you don't need to speculate as to whether you'll get burned.
Could you go into detail about what you think happened? The tariffs were public knowledge, and the suits to invalidate them were public knowledge. Are you saying you think the Supreme Court justices secretly communicated to the Commerce Secretary how they intended to rule on the case, far in advance of publishing their ruling?
I'll turn this around: Do you think it is acceptable for policymakers, lawmakers or people involved in such a process to reap profits more or less directly with (partially non-public) knowledge they've acquired?
Because I think not. And I feel pretty strongly about this. The conflict of interest is so glaringly obvious that it should be completely self-evident why every voter should want to prevent, ban and punish any such action.
I feel that anyone involved in this tariff insurance business should be able to prove without a shadow of doubt that they had no political insider knowledge about the whole thing, and I'm extremely skeptical that this is the case (just from the pople involved alone!).
I frankly do not understand your argument: "Some policymakers are sleazy (yes?), so it should be fine for all of them to leverage influence/access into personal gain" (?!)
> What partially non-public information did he have? Be specific.
How would I know? I'm neither Lutnick nor his son.
My point is that there is an extremely obvious conflict of interest here. If your family business is directly affected by decisions and information of the public office that you hold, then the very obvious risk is that you are going favor official decisions that help your business (possibly to the detriment of the majority), and that you leverage non-public information for personal gain.
For this specific case, insider knowledge could be a precise understanding on the "shakiness" of the initial tariffs combined with an insider picture of ongoing legal cases against them (progress and expected success rate).
I'm not saying that Lutnick & sons comitted some kind of crime, but if you let your family business overlap with your public office this much, then the resulting scrutiny is more than justified, and you could make a strong point that such a situation should be avoided in the first place.
That would be insane. That would mean people in the government talk to each other and also that they have conversations or make deals behind closed doors or that one or god forbid all of them are corrupt, which is utter nonsense!
Probably just a good guess. At least it wasn't based on intimate knowledge of things based on being in a position extremely close to everyone involved in all of it. Sheesh.
Cantor Fitzgerald lost most of its staff in the World Trade Center on 9/11. Lutnick sued American Airlines, eventually settling for $135 million [1]. He claimed this would largely go to the family of hte victims.
Turns out most (if not all) of it went to the senior executive team, wtih himself being the primary beneficiary [2].
This is also the same Howard Lutnick who the DoJ accidentally released a photo of with Jeffrey Epstein [3]. People noticed and they removed it. People noticed that too so they restored it.
If there was any justice at all left in this country, a class action lawsuit with the entire US population as the class would arrange for the tariff refunds to go to individuals, not companies.
That'd neatly address this particular instance of insider trading, and probably many other similar schemes that didn't make it into the press.
might not be 'insider trading' with respect to the court decision, but Lutnick had influence with the president and could affect tariffs being paid by the various companies who were squeezed in to considering selling (or actually selling) their tariff refund rights. And tariffs changed many times over months, so... looking at what companies actually sold to CF might reveal some patterns that raise eyebrows. But nothing will be done about it.
Best case consumers may be refunded for tariffs directly charged to them by shipping companies like FedEx and DHL (USPS too, but can you really see them having the competence to do this?!).
What consumers will presumably never be refunded for are the increased prices they've been paying for imports of any kind (from Walmart, Amazon, grocery store) where someone else was the importer.
That’s smart though. If you don’t want to lose your rights to tariff refunds, don’t sell them. Would the alternative be to forbid companies from selling those rights in this case?
As for whether consumers should get anything, I’m sympathetic. It’s a matter of implementation though. How would you refund so many people? You’d have to quantify how much overhead they’ve paid in tariffs, and that seems like an IRS-scale job. Dealing with it at the scale of individual companies is at least tractable.
It's not smart, it's extortion by someone connected to the state and self dealing.
If you think this is smart then you may as well go around clubbing old ladies over their heads, as long as you don't get caught it's like free money right?
The alternative is not to forbid companies from selling those rights, the alternative is to undo this deal and pay the whole amount back to those that originally forked it over and who needed to sell these 'rights' in order to keep their companies alive.
Self-dealing by someone connected to the state, yes. Extortion, no.
It takes a fair amount of money to take a court case to the Supreme Court. You can pay it all (and still maybe lose), or you can let the law firm have part of what you win. This happens all the time in the US legal system. It's not extortion; it's essentially venture funding by the law firm. (Yes, I'm aware of the pattern in the previous sentence, but I'm in fact a human, and not even LLM-assisted.) If the company doesn't want to play that way, they don't have to. They can pay the full cost of the lawsuit themselves.
How is it extortion? They could have gotten a different deal from anybody else or no deal at all. Nobody was twisting there arm or forcing them to deal with this one company to sell their tariff claims.
If two companies come to you with an offer to sell the refunds, and one has strong ties to a central figure in the administration — which can, in the future, subject or exempt you from new tariffs and otherwise use the Federal government’s powers to mess with you - are you truly free to choose either offer? Or is there a risk and a benefit to taking the one that’s tied to the administration? (And frankly, can you even be certain either way?) This kind of conflict (even the appearance of this kind of conflict) is why we generally don’t want government officials or their families to be profiting directly off the policies they oversee. It is at best unseemly, and that’s being kind.
Thank you. Yes, this is the reason to be concerned. Not because it's extortion, or anything else like that, but because having to evaluate a counterparty's degree of connection to the State before doing a deal is not the way that free enterprise or open markets are supposed to work. Lutnik Jr's involvement puts every other bidder for these contracts at a disadvantage (even if it's illusory, and he's not personally acting badly), and distorts pricing signals. It's unfair not (or not primarily / directly) to customers, but to the rest of the legitimate players within an industry.
Yes, I know this isn't the first time this has happened, and that people likewise benefit from connections to governments led by other political parties. Those instances are also bad!
> If two companies come to you with an offer to sell the refunds, and one has strong ties to a central figure in the administration — which can, in the future, subject or exempt you from new tariffs and otherwise use the Federal government’s powers to mess with you - are you truly free to choose either offer?
Yes, because tariffs, like all taxes in the USA, are not imposed on individual people or entities. They’re on industries and specific materials.
If a company truly thought the chance of winning was low and needed the money now, they would pick the best offer. Regardless of who is making it.
This is naive. For larger firms, targeted product and industry-specific tariffs can be a game-changer. For example, Trump created a set of exemptions related to smartphones built in China that weren't officially aimed at Apple, but since Apple sells approximately 50% of US smartphones (for a much larger slice of profit) and 80% are made in China, this disproportionately affected a single company. But there are other areas where the administration can also use Federal power: see, for example, Trump's use of Federal approval to block the Netflix/WB merger as one example.
This is basically the government doing a protection racket. I swear, the amount of neoliberals in here lauding the move is a recession indicator. Did we all forget what corruption is?
Corruption is so endemic now that people stop seeing it. This was the same in the former USSR, when I was there I would be utterly amazed by the degree to which everybody had normalized corruption, it was not considered anything wrong or special at all, it was just the way business was done. You could effectively buy your way into or out of anything.
>It's not smart, it's extortion by someone connected to the state and self dealing.
Where's the extortion? The "it's a nice shop you got there..." racket only works if you can strongly influence whether the damages occur (ie. you tell your goons to attack the shop, or not). So far as I can tell however, that's not the case, because Trump wanted the tariffs to stay, and was sad that they got revoked. Going back to the mob analogy, it would be like if the mob boss asked for protection money, the goons didn't damage the shop, the mob boss was sad that the shop didn't get damaged, and then went to to find some other way to damage the shop (ie. section 122 tariffs).
For example, NCR (National Cash Register) used to have their sales people "accidentally" break competitive machines (dropping them on the floor was common -- these were old precision mechanical adders), then offer an NCR machine as a "free" replacement.
You could argue this wasn't extortion. What are the damages? The replacement machine was higher value, so the shop was "made whole", and was only temporarily without a cash register. Of course, the competitor got screwed out of support contracts + renewal, and it was made very clear to the stores they had to play ball. (Unless they wanted to buy a replacement, and watch it also get smashed.)
It's the same with the tariffs:
Adopt a bunch of Trump dictated policies, or they steal your money (the mechanism is not providing exemptions). Later, they "refund" the payments (so, no further court action), but somehow the money does not go back to the people that it came from.
Ignoring the businesses that sold their rights to collect, all sorts of prices have skyrocketed in the last year. The consumers that are paying the increased amounts at retail are not going to see a cent of this settlement. Where is my check?
Also, it's unclear how many Supreme Court justices changed their votes because of the sold rights to collect refunds. The company involved gave a lot of money to Trump and conservative campaigns, and many of the justices are in his pocket. It's also unclear if they bribed the justices directly, since that's not public data.
On top of that, when these "securities" were sold, it could have been made clear that they would come with favoritism in the future. Did businesses that paid up get special exemptions? Were they threatened with intimidation that then didn't happen because they sold the rights?
All of the above is standard practice with this administration. They had the benefit of the doubt, but burned through it years ago.
You have to present figures when you're arguing the hard-to-prove side of something not when it's plain obvious that business are not in a position to deal with such shocks in the market without having to reach for capital. This is not normal. Typical operating margins of business is anywhere from 5 to 20% with outliers in the digital domain but that's not the part that we are talking about here.
Anyway, you want figures, well, here are some figures:
I'm sure there are other sources, better ones, worse ones but they all tell roughly the same story: willy nilly tarrifs have a negative effect on one's ability to operate a business. Businesses like predictable, stable climates to operate in.
There’s a long way from businesses like predictable stable climates (and that ship has long sailed) and business won’t survive. There’s no reason to believe the latter is true.
Those are a sunk cost at this point though. The business likely is better off having sold and got the money now - vs risking they will never get a refund.
Wasn't the whole point of selling your right to refunds that the initial tariff was so onerous to businesses that they needed a cash injection to stay afloat.
Don't sell your right to your tariff refund is one of those things that sounds good in principle, but falls apart when you apply some sense to it.
>Wasn't the whole point of selling your right to refunds that the initial tariff was so onerous to businesses that they needed a cash injection to stay afloat.
No? You also do it for certainly. "One bird in hand beats two in the bush" and all that. You see this occurring outside of tariff refunds, with businesses selling debts to debt collectors for pennies on the dollar, or bond holders selling high risk bonds (eg. Argentina) for steep discounts.
Is a 20 cent on the dollar or so payment for the new tariff expense really going to save a company that much on the bubble?
I'm sure there are a few exceptional cases, but that doesn't seem to me like it would be the typical cases. A company needing to pay $100 in tariffs but then the $20 of cash infusion being the thing that saves the day seems rather unlikely.
I'd say it's more likely this was a profit center to more companies than it was a life line. As in they passed the tariff down to their consumers, and also collected the 20% as a cash payment to juice the bottom line.
More common though would be simply a way to help defray some costs and provide certainty.
I really hope those companies that passed the tariff to consumers are required to refund the increase to those same consumers, regardless of whether they sold their refund or not.
Or would you trust someone on advising you, that has a pretty huge financial interest in proposing you policies that will fail because they are illegal?
He bragged about it, and certainly didn't spoke out against them
So I pitch these ideas, and he says, ‘Let’s do it.’ ” Why not replace the I.R.S. with an External Revenue Service, which will collect tariffs and other levies from foreign sources instead of taxing citizens?
Imagine instead if the government didn't do the illegal thing in the first place. Or if the supreme court had not intervened on the initial stay of the tariffs to allow them to go into place while the suit proceeded.
The fact that businesses were put in a position to make this choice is outrageous in the first place.
I don't think anyone is disagreeing it's a shrewd decision by the corporations, just that it shouldn't benefit the Secretary of Commerce. We're a long way from having to put your peanut farm in a blind trust to avoid the perception of corruption.
> That’s smart though. If you don’t want to lose your rights to tariff refunds, don’t sell them. Would the alternative be to forbid companies from selling those rights in this case?
Definitely smart, but also sure looks like an insider play / corruption / self-dealing.
The commerce secretary has no control over what the Supreme Court does. Anyone could have read the law and decided whether they thought the tariffs were legal or not.
The commerce secretary wasn't the one pushing for them in the first place. The president was.
I mean, look, there's plenty of conflicts of interest, and stuff that sure looks like graft, and claims of people making insane amounts of money off of stuff. But in this case, the commerce secretary's options were 1) do the tariffs or 2) get fired. Minion? Sure. Minion without the self-respect or ethics to quit when they were being told to do unconstitutional stuff? Also sure. Pushing these policies, as though they had agency in the matter? No.
i guess there would be much more initiative for Lutnik not to refund (ignore courts order, or drag them out like in other cases) if no one would have sold their rights to refund.
> It’s a matter of implementation though. How would you refund so many people?
This was the point of the tariffs, wasn't it? The White House now has a $130B slush fund to distribute more or less however they want, with no accountability because accountability is by-design impossible. Sure maybe half of it will go where it ought to as a fig leaf, but a very large chunk of that cash will be making its way to Trump's loyalty crew.
> The White House now has a $130B slush fund to distribute more or less however they want, with no accountability because accountability is by-design impossible.
The government knows exactly who paid what in duties, otherwise they couldn't tell if you were trying to avoid duties.
So they know exactly who to pay back and how much.
> The government knows exactly who paid what in duties
No, they have a record of who handed the money over to the government. This does not tell you who paid the duties. There's going to be a whole lot of Trump toadies & business owners in the chain, siphoning cash from refunds before they work their way back to the people who actually paid them. And that's not even getting into the open corruption & fraud that will be happening as part of this as well.
If the government charges the importer $20 and the importer charges me $20, then I am in effect the one who paid the duty. If the refund goes to the importer, and it does not come back to me, then the government and the importer have colluded to rob me of $20. This isn't an accident, the owners of the import companies who will benefit from this theft were almost certainly all Trump supporters.
In reality, half of the funds will go to that. Maybe even some tiny portion of it will genuinely make its way back to the people who actually paid the duties. This is the fig leaf to which I referred. The other half will go to Trump toadies in the form of "mistakes," fraud, corruption, skimming, unclaimed funds, etc. This is the slush fund to which I referred.
In the end, all of it is going to Trump toadies. It's a $130B transfer of wealth to Trump's financial backers.
You agreed with your supplier on a price. You paid it.
Doesn’t matter that part of the price was tariffs or component costs or labor. Doesn’t matter if your supplier gets a tax rebate or a kickback from an upstream supplier after the fact. These things are entirely immaterial to the meeting of the minds when you execute the contract for sale.
The only moderately fuzzy case is going to be if there is an outright line item for “tariff charge” - I always thought companies were being a bit reckless explicitly adding these as line items due to this exact uncertainty. Very few companies are going to have a perfect 1:1 ratio here so there is some definite business risk in doing so.
And no, not even close to all companies that were charged tariffs are “trump toadies” - that’s an absurd claim on its face. The ones I know hurt the most and nearly put out of business due to needing to raise prices certainly were not. And there is zero way they could afford refunding at a 1:1 ratio now.
> Doesn’t matter if your supplier gets a tax rebate or a kickback from an upstream supplier after the fact.
It does matter if the tax that was gathered was illegal, as it is here. The illegally gathered funds should go back to the entity that paid the tax, not the middleman who ferried it from here to there. The unclear method for how to accomplish this is where the grift will be coming in.
> not even close to all companies that were charged tariffs are “trump toadies”
I did not claim this. I claimed most of the money that will be refunded will go to Trump toadies.
> I did not claim this. I claimed most of the money that will be refunded will go to Trump toadies.
That would require most of the money collected being from trump toadies to begin with. Anyone that regularly imports goods as a matter of business will also be requesting their refunds. Only a tiny fraction sold their rights.
> It does matter if the tax that was gathered was illegal, as it is here. The illegally gathered funds should go back to the entity that paid the tax.
The entity that paid the tax was the one that wrote the check to the federal government. They chose to (or not) pass all or a portion of those costs down to their customer. The customer in the end chose to purchase the goods or not.
If your landlord charges you $100/mo more in rent due to a property tax that was later reassessed due to a mistake, they are under no legal obligation to refund you that money. You chose to rent at the higher price.
Simply put: Your recourse was at the time of transaction. After that it’s no longer your money. Plenty of companies get refunded errant taxes paid years later due to law being misapplied or even found outright illegal. This is no different.
The only marginally interesting legal question here is going to be the companies that separated it out as a line item. I imagine this will be roughly as enforceable as “fuel surcharges” are on airline tickets - where the surcharge has nothing to do with the actual real time cost of Jet fuel. It will likely devolve all the way down to specific clauses in contracts, most of which will not cover this to start with. So it may as well be a “I’m wearing black socks today” tax as a line item would be my guess. Very interested in the first few test cases though!
These illegal taxes weren't only on optional goods. I couldn't opt out of buying everything for a full year. I disagree that it's OK for the government to force everyone in the country to give a $130B gift to business owners via an illegal action, the vast majority of which will be going straight to the wealthiest companies & people, and/or Trump's personal supporters. It's just straight-up theft.
Maybe I'm naive, but if court orders tariff refunds cannot it also order that the importer must return it to individual buyers? That's only fair, right? Companies don't get to keep the money. If they want to sue government for some extra compensation for their trouble they can do that separately.
FedEx, I believe, have stated they will refund all consumers who paid them the tariffs, which they then paid to the gov. Nothing yet about the fees also incurred by consumers to pay the tariffs, but there are at least two class actions filed already on this subject, IIRC.
Grocery stores track their customers very extensively and cash purchases are fairly rare. I'm very confident that Costco, for example, knows everything that every member has bought from them since the tariffs started.
Indeed. And the concept of passing any refund on is just untenable. My example is to highlight how unreasonable such an expectation is.
And while this specific tariff situation is silly, and annoying, it's been going on forever. There were cases of tariffs on lumber from Canada, with presidents of all stripes. Some were fought, won in court, and nary a person questioned "where is the refund for the consumer".
The corruptions of this administration are legion, but this isn't one of them. Unless you can point to something Lutnick did to create this outcome, I don't see how he had a better view of the whole thing than anyone else.
Who cares who came up with the illegal tariff implementation, the point is that a member of the government profited off of their own administration's incompetence.
It's obscene. I don't care whether a law was broken or not.
You want to profit from government incompetence? Stop being part of the government then.
Isn't Lutnick literally the chief architect of Trump's tariff policy? I can hardly imagine anybody more responsible for creating this outcome besides Trump himself, who would presumably have appointed somebody else if Lutnick hadn't been available.
> I don't see how he had a better view of the whole thing than anyone else.
Given the above, you really don't think Lutnick had a "better view" of the likely outcomes and timelines, including the Trump admin's planned and gamed out responses to certain outcomes, than the average Joe on the street? I think that's extremely, uh, naive.
As coming from a semi-corrupt country I can assure you that the Commerce Secretary can have massive access to classified information from any part of the public sector, including any Court. For him all this is one to two telephone calls away. The question is if he has influence in the decisions, which elevates the corruption to the next level.
For the nonbelievers: why did only a company led by close relatives of a government member and no other bet on a game that is based on a Court decision?
> Now they stand to make huge returns of 3 to 5x for being correct on that bet, while, of course, consumers get nothing.
Even if they hadn't made that bet were consumers going to get anything? The refunds would go to whoever directly paid the tariffs, which will generally be businesses.
I doubt that many businesses will go the effort of figuring out how much of any price increases they did while those tariffs were in effect raised the price for each individual customer, and issue refunds for that amount.
> ...bought the rights to their potential tariff refunds for 20% of the value...
So - with umpteen $billion on the line, and all the big-shot lobbyists and Washington insiders and experts that all those huge companies had on payroll to advise them - they decided to sell at 20 cents on the dollar.
Theory: When the far-smarter-than-us money bets big, they might know the actual odds.
You forgot to mention that Mr. Lutnik is also a close personal friend of a pedophile-turned-Mossad-agent-turned-pedophile named Jeffrey Epstein and visited his island. Mr. Lutnik deliberately and purposefully lied to congress about it, and faced no charges for lying to congress.
In a just world, someone like that would be jailed indefinitely and made to publicly take stand about his activities, and called out to his face during depositions about his lies.
Yeah that’s never going to happen. Nobody in this administration will ever be under oath on the topic. Now they suddenly think Slick Willie is trustworthy because he said he had know knowledge of Trump doing anything wrong. What a world.
I will be happy to be wrong, assuming that happens.
I want everyone who associated with Epstein to be under oath at some point, and I think we should prioritize based on how many pieces of evidence their name appears on.
You think Trump will ever let himself be questioned under oath? Any rational person knows that his refusal is tantamount to an admission, but I bet he does not see it that way.
Sadly, you're right on the money here, nobody will ever spill the beans.
Problem is Willie knows everything (he was the president for fuck's sake) and is just lawyer-speaking his way out of admitting that he along with multiple former presidents (including the current one) were/are compromised by a hostile nuclear-armed foreign actor's (read: "ally's") intelligence agency. He can't sing, or the whole charade comes apart.
The contagion fallout is massive. This involves several of the wealthiest people on the planet, tech leaders, business leaders, politicians in powerful countries...and involves several major geopolitical actors...and involves some unspeakably disgusting actions to children.
The executive class are out to get as much as they can as quickly as they can while the music plays, then retire to whatever luxury boltholt they can prepare. It's FIRE with private islands, and without even a figleaf of noblesse oblige any more.
>The executive class are out to get as much as they can [...]
This is just hollow populist anti-elite rhetoric. Who do you think sold them the tariff refunds? They're not buying them from granny who didn't know any better. They bought it from other executives who knew, or at least ought to know what was at stake.
Jesus Christ, how pathetic you are. I severely doubt you’re just a bored billionaire, which leaves only the option of a bootlicker. Why do you simp for them? Do you expect a bread crump to fall off the table? Or are you a temporarily embarrassed millionaire thinking you belong to them?
People are quibbling about the definition of insider trading. I will just say when fortunes are made by those who just happen to be in close proximity to power, it's not good for the country. Kushner is the prime example here.
> when fortunes are made by those who just happen to be in close proximity to power, it's not good for the country
When was the last time this wasn't the case? Back in the 1960's maybe? I started following politics around the time I started college - 1993 - and this has been true in my entire "following politics" part of life
You're saying Trump doesn't want tariffs? And the SCOTUS judges who went on record supporting executive powers to tariff was all just a big insider trading scam? And corporations were willing to risk a hundred of billions in tariffs fees on the odds it might get refunded just because some finance company might get a small cut of refunds?
To clarify, POTUS being short for the group POTUS in-crowd of the actual POTUS and cabinet, who act in sync.
I'm saying the public tide shifted and the legal reality set in that they weren't going to get sympathetic rulings...which they don't care about anyway since it's not their money and the tariff threats already had any desired effects sought.
POTUS was floated the idea that they could enrich themselves, so the decision was made, communicated to the Secretary of Commerce and to the SCOTUS judges.
> And corporations were willing to risk a hundred of billions in tariffs fees on the odds it might get refunded just because some finance company might get a small cut of refunds?
Nothing to do with them. Narcissists don't worry about the future of others, except as a narrative to sell their personal ambitions.
Some people don't believe the administration is that flippant. I think it's obvious they are having fun.
They could have used inside government legal analysis that other people didnt have. You could have predicted this with higher certainty if you knew the justices well enough.
Look how many comments in this discussion are scrambling to support the corruption. It’s very normalized, to the point where we don’t call it corruption any more, we call it good business.
The wheels of justice don't turn at all once you reach $1B or so. Their speed is essentially inversely proportional to the net worth of the individual under scrutiny. And if you're really rich you get to buy your own laws through a thing called lobbying. So you will get even more rich.
After this is all over, we probably need to do something about presidential pardon power. Getting a constitutional amendment through is hard, but I don't see another option.
A different understanding of the extension of the presidential pardon when it creates a conflict of interest from the SCOTUS would be one possible path.
The reading I’ve done elsewhere suggests that it’s far from a done deal that companies will be able to extract refunds from the government. For example if doing so offends Trump and causes him to try to extract concessions elsewhere. Or if the government simply drags their feet on various ways.
“Trump’s buddy’s son offers 20c/$” does not seem like a terrible deal for getting your money out.
But... who would make a bet with a counterparty like that? Hello, I'm a trump administration insider, here to make a bet with you about the future of one of Trump's policies. You'd have to be pretty stupid.
It’s not that surprising. The entire tariff saga was one trading opportunity after another for insiders who knew which announcements were going to come out.
Lutnick is a particularly corrupt individual though. He’s in the Epstein files like Trump and Musk and Thiel. But he also took over Cantor by suing the widow of Cantor after his death. And now he hands the company to children and has no shame about openly nepotistical decisions like this.
Cantor Fitzgerald is sleezy, but you’ve got the reason wrong. They’re sleezy because they bet against the administration.
But it’s not “insider trading.” They didn’t have insider information on how the courts were going to rule—especially where it was a 6-3 split with three conservatives siding against the administration. And a split in the appellate court as well, with two republican and two democrat appointees siding for the administration.
And Cantor had nothing to do with imposing these tariffs in the first place. Trump loves tariffs. He has been wanting to do these tariffs since the 1980s. He imposed tariffs in his first term and campaigned on imposing them now.
So you’re taking a story about Cantor Fitzgerald displaying disloyalty to Trump and trying to turn it into a “corruption” story that makes no sense.
What they sold isn't a security regulated by the SEC. There is no "insider trading". There aren't enough facts to determine if what his sons did was ethical and/or legal.
Now they stand to make huge returns of 3 to 5x for being correct on that bet, while, of course, consumers get nothing. Now if this isn't insider trading (by the literal Commerce Secretary), I don't know what is.