Showing posts with label Regulators. Show all posts
Showing posts with label Regulators. Show all posts

Saturday, May 9, 2009

tie ourselves in knots” to make the systemic-risk regulator any agency but the Fed, because it’s the “lender of last resort

TO BE NOTED: From Bloomberg:

"Obama Administration Said to Favor Fed as Systemic Risk Agency

By Robert Schmidt

May 9 (Bloomberg) -- The Obama administration is likely to support giving the Federal Reserve the power to oversee financial companies that could pose a danger to the banking system, said participants in a White House meeting yesterday.

Treasury Secretary Timothy Geithner, a former Federal Reserve Bank of New York president, told representatives of the trade groups representing securities firms, hedge funds and banks that a single supervisor needs the authority over the biggest financial firms.

While the Fed was first favored to take the job, since a proposal by former Treasury Secretary Henry Paulson last year, lawmakers and some regulators have shifted away from that view. Federal Deposit Insurance Corp. Chairman Sheila Bair and Securities and Exchange Commission Chairman Mary Schapiro this week recommended that a council of regulators assume the role.

The divergence of views suggests that it will take months before any agreement on how to overhaul U.S. financial regulation in the aftermath of the worst credit crisis since the 1930s.

“There are going to be a number of regulators with oars in the water” over various parts of the banking system, Alan Blinder, a professor of economics at Princeton University and former Fed vice chairman, said in an interview with Bloomberg Television. Still, “we would have to tie ourselves in knots” to make the systemic-risk regulator any agency but the Fed, because it’s the “lender of last resort,” he said.

The SEC is best placed to oversee hedge funds, Blinder said.

Industry Groups

Representatives of the Securities Industry and Financial Markets Association, International Swaps and Derivatives Association and Chamber of Commerce were among those who attended yesterday’s meeting. Geithner dropped by the hour-long gathering in the Roosevelt Room, the people said on condition of anonymity.

The gathering was run by Diana Farrell of the National Economic Council and Pat Parkinson, a Fed staffer on detail to the Treasury, participants said. After Geithner left the meeting, Parkison told the attendees that the Fed would likely be the agency to supervise firms that are found to be too big to fail, they said.

“Geithner believes that we need a single independent regulator with responsibility for systemically important firms and critical payment and settlement systems,” Treasury spokesman Andrew Williams wrote in an e-mailed response to questions. “He does see a role, however, for a council to coordinate among the various regulators.”

‘Council’ of Agencies

Bair, in a May 7 speech at a Chicago conference, proposed a “Systemic Risk Council” that has “a mandate to monitor developments throughout the financial system, and the authority to take action to mitigate systemic risk.”

Schapiro said yesterday at an Investment Company Institute conference in Washington that she’s “inclined” to support Bair’s proposal.

“I have long been concerned about excessive concentration of power, which really means excessive concentration of a point of view in a single regulator,” Schapiro said.

Senate Banking Committee Chairman Christopher Dodd said in a May 6 hearing that “It is my preference that authority not lie in any one body; we cannot afford to replace Citi-sized financial institutions with Citi-sized regulators,” referring to Citigroup Inc., one of the largest U.S. financial firms.

In March, Geithner proposed creating a systemic risk regulator though he didn’t identify which agency should have those duties. President Barack Obama has said he wants to sign legislation overhauling financial rules by the end of the year.

Popular anger over the taxpayer-financed rescues of American International Group Inc., Bear Stearns Cos. and other firms has spurred Congress and the White House to push for regulatory changes that may become the most sweeping since the 1930s.

To contact the reporter on this story: Robert Schmidt in Washington at rschmidt5@bloomberg.net."

Thursday, May 7, 2009

But what has made the current crisis so disastrous is the behaviour of large, regulated banks

TO BE NOTED: From the FT:

"
Insight: A harmful hedge-fund fixation

By Gillian Tett

Published: May 7 2009 20:00 | Last updated: May 7 2009 20:00

Almost exactly two years ago, at the craziest peak of the credit bubble, Western leaders gathered in a conference room at the World Bank in Washington to discuss what they should do about the financial world.

These days it is clear what those grandees ought to have discussed – notably the wild excesses afoot in subprime lending, structured credit, monoline insurance, credit ratings and bank leverage.

In practice, though, those issues were barely discussed. Instead, the hot topic for debate in that April 2007 meeting (as I describe in a book published this month) was how to clamp down on hedge funds – a topic dear to German leaders, who were chairing the G7 at that point.

“It was really hard to get anything apart from hedge funds on the agenda back then,” laments one international bank regulator, who tried – and failed – to divert the debate onto more pressing matters.

These days, there is an unnerving sense of déjà vu bubbling in some political quarters of Europe. Over in America the financial community is currently consumed with the matter of banking stress tests.

In London, however, there is another hot topic worrying financiers – what Brussels plans to do about hedge funds.

Last week the European Commission shocked the City of London by unveiling plans to impose potentially tough new controls on the hedge fund and private equity industry. The European parliament bayed for more.

Then, this week the French government warned that they might strengthen these measures, apparently because they, like many other Continental leaders, think that lax hedge fund controls have sparked the recent crisis.

In fairness, some of these calls for a clampdown are not ridiculous. Regulators need to get better information about what the hedge fund world is doing, and to prevent the abuse of off-balance sheet entities. There is also a strong case to reduce the scale of tax avoidance associated with the hedge fund sector.

But the real danger with the current debate – as two years ago – is that it risks missing the wider point. For sure, some unregulated hedge funds have taken crazy risks in recent years. And unregulated shadow banks have also messed up.

But what has made the current crisis so disastrous is the behaviour of large, regulated banks, which have spent the last decade operating with ridiculously high levels of leverage, and purchasing vast quantities of toxic assets.

And the only thing more remarkable than the scale of those bank follies is that they went unnoticed for so long, partly because many regulators spent the last decade so obsessed with hedge funds. Pace that Washington G7 meeting in the spring of 2007.

Given that, it seems self-evident that the real priority now in Europe is to ask hard questions about banks – and bank regulation. If I was a German voter, for example, I would want to know why nobody in Frankfurt tried to stop German banks from dashing into structured finance on such a spectacular scale – and why the only people who ever warned of those dangers before the summer of 2007 were investors who went short (ie, the hedge funds.)

I would also want to know why rumours remain widespread that German banks are still holding vast quantities of toxic assets which have been barely marked to market value. And why not ask what the German government will do if it turns out that the entire German system is insolvent (as the German press has recently suggested after leaked documents suggested German regulators privately fear that their banks hold over €800m of toxic and illiquid assets.)

Such questions, let me stress, do not entirely remove the need for some debate about hedge funds. But the issue is priority and scale. The global hedge funds sector is estimated to command about $1,500bn of assets on a global basis. The balance sheet of some individual European banks, by contrast, is not wildly different in scale – even today.

Of course, it is possible that European politicians have cannily spotted that logic and are simply focusing on hedge funds as a convenient, distracting scapegoat. It is also possible all the heat about hedge funds will disappear once the European parliamentary elections are over. That is what some senior UK government figures and bankers hope.

But even if that argument is right – and it remains a big “if” – the lesson from the spring of 2007 about the danger of policy distraction remains clear. If European politicians were squealing about the need to clean up big banks – say, by demanding that Europe hurry up and impose its own version of bank stress test – then they might have the right to worry about reforming hedge funds too.

Unfortunately, though, they are not. As a result, the likelihood is that Europe will remain plagued with doubts about the health of its financial system for the forseeable future. And that is a scenario which should worry everybody, hedge fund lovers and haters alike.

gillian.tett@ft.com"

Sunday, March 1, 2009

if the US Gov't takes its 36% stake in Citigroup then it will be a larger-than-10% shareholder of Banamex, something against Mexican law. Won't it?

From Inca Kola News:

"Citigroup and Banamex: There's a fight brewing


The Mex Files has a post up that notes the Mexican angle to last week's news about Citigroup giving 36% of itself over to the US Government. RG starts his note by saying that it's a story you probably won't get to read North of the Rio Grande.

I beg to differ. I think it might become a very big story indeed.

The nub of the issue revolves around Mexican law, which states in crystalline manner that foreign governments cannot own more than 10% of any bank that operates inside Mexico. It's as clear as a bell and on the statute. So as Banamex is a wholly owned subsidiary of Citigroup (C paid $12.1Bn or so back in 2001 for the bank) if the US Gov't takes its 36% stake in Citigroup then it will be a larger-than-10% shareholder of Banamex, something against Mexican law. Won't it?

Well, maybe yes and maybe no. It was interesting that Citi's CEO, Vikram "still got a job" Pandit, spent two days down Mexico way earlier this month. He met with the bank honchos of course, but also gov't lackeys and the regulator dudes too, so we hear. He also made it very plain that Citigroup plans to hold on to Banamex, saying things like the Banamex is Citi and Citi is Banamex and may sacred matrimory reign etc etc. Pandit dixit Feb 20th 2009:

"I want to make it very clear: Citi and Banamex are one and the same......The future of Citi is in emerging markets. It’s in Latin America. It’s in Mexico with Banamex.”

So with last week's Citigroup/US Gov't announcement that already has Mexican officialdom and opposition politicos smelling blood, it's worth noting how Pandit recently split C into two parts, namely Citi Holdings (all the bad stuff) and Citicorp (all the retail banking things that are profitable and everyone likes, including Banamex).

So here's the question that's been itching at me all weekend: Do Citigroup's intentions regarding Banamex signal that the US Gov't is only (or majority) buying into Citi Holdings, the toxic end of C?

It's intriguing. It would be an über-underhand move concealed from the market so far and would cause uproar if the news hit. If it is true, then the US taxpayer is getting an even worse deal than s/he thought. In fact, it would likely make Uncle Sam the majority holder in the toxic bank to end all toxic banks. However it does fit the Citigroup line that says Banamex is safe and not in any legal trouble and will stay part of C.

However, if in all likelihood it's not true and the US gov't is getting 36% of the whole shebang, Citigroup is undoubtedly breaking Mexican law by holding onto ownership of Banamex. So either Mexico changes the law to suit present circumstances (possible, though it will be an absolute political field day for Calderon's opposition) or Banamex will have to be sold to a third party, something that Pandit clearly doesn't want to happen.

Already there are overtures being made by other banks, which isn't surprising because unlike its lamentable parent company Banamex is a well-managed and highly profitable bank. I'd go as far as to say that Banamex is quite the jewel in the Citigroup crown and as such a prized asset that would be a major loss for both C and Pandit. But sharks are circling all right. For example here's an AP report noting Brazil's Itau is interested in the asset.

The price tag being bandied around the market right now is something in the region of U$12Bn to US$15Bn, meaning that Citigroup would most probably walk away with its original investment money (not to mention the eight years of profits generated by the subsidiary). Let's see how the story develops, but you have to wonder if Banamex is the canary in Pandit's coalmine. After all the moves and sounds made by Pandit this month any eventual sale of Banamex might become the straw that breaks the camel's back* and sees him "being resigned".

xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
Appendix: A few stats about Banamex as culled from the C website. This gives you an idea as to why Pandit wants to keep a tight hold.
  • 1,233 branches
  • 28,759 employees
  • 4,492 ATMs
  • 7.9 million credit cards
  • 2.6 million checking cccounts
  • 20.52% of all assets in the Mexican banking system
But wait! There's more!
  • Seguros Banamex (Insurance): 5th largest Mexican insurance company
  • Afore Banamex (Pension Funds): Mexico's largest private pension fund with over 4 million affiliates
  • Accival - Acciones y Valores de México (Brokerage House): Top Brokerage of the country holding 16% of assets

* metaphor mixing is a sacred right of the blogger

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Me:

Blogger Don said...

What you're saying is that Citi has a $15 billion asset that it doesn't want to sell. But if Citi was seized, someone would pay $15 billion or so for Banamex.

There's been a lot of talk about holding companies, but I wonder if the US taxpayer knows that Citi could raise $15 billion on its own.

What you describe is an attempt to allow Citi to keep Banamex, which is where the profit really is. In other words, we're funding Citi so that it can keep Banamex. Am I wrong?

Don the libertarian Democrat

March 1, 2009 3:23 PM

And a response:

Otto Rock said...

That's kind of right, Don.

Perhaps the more pressing issue is that Pandit&Co realize the enormous difference between a $15Bn asset and $15Bn in cash right now. If Banamex were sold, the money raised would have to be thrown down the bottomless pit and lost forver. However the assets (if C can hang onto them) will make C worth something in Pandit's Utopian future.

So yes, I suppose that in effect (in the longer-term vision) the US taxpayer is paying C not to sell its Mexican holdings. Make of that what you will; I couldn't say if it's good or bad.

Wednesday, December 31, 2008

The Place Of Government Guarantees In Avoiding Bank And Calling Runs

I want to briefly talk about the causes of this crisis before the silly explanations like lack of regulations and complex investments win day, as they surely will, guaranteeing that this system will go on and even implode again in the near future, although hopefully not to the this extent.

I want to ask a simple question: Does FDIC Insurance on individual accounts help prevent bank runs? Bank Runs being a result of depositors running to the bank to get their money out before the resources of the bank run dry, leaving a number of depositors to lose their money. If you think that FDIC Insurance is stupid, illegal, unconstitutional, a gift to moral hazard, doesn't help stop bank runs, and should be gotten rid of, then my points going forward won't matter to you. I do, however, address this position at the end of the post.

Now, our current crisis is a Calling Run. As the credit rating of a business goes down, investors or creditors that can demand money from the business do so, forcing the business to sell assets or borrow to fund these calls, which leads to a further deterioration of the finances of the business and a further downgrade, which leads to more calls... Now, if better regulations and higher capital standards are all that is needed to stop runs, why do we need FDIC Insurance? Surely higher capital standards and better regulation should suffice to stop a Bank Run. You see my point.

In the current crisis, the flight to Treasuries was in lieu of an explicit government guarantee concerning their assets. Investors fled into explicitly guaranteed, and hence liquid investments, since they can be priced, and even fled from implicitly guaranteed investments. In other words, investors fled to an equivalent of the FDIC. Simply put, you need government guarantees about losses to stop a run. Regulations and Capital Standards won't suffice. Well, they could, but they would be incredibly onerous and high, making them impractical, so, in effect, you need government guarantees to stop runs.

In the current crisis, it has all been about the extent and particulars of government guarantees. Certainly the gyrations of government actions have led to problems, but only in the sense of not making the extent of the guarantees explicit and particular. Anyone who believes that we could stop this crisis without government guarantees, like US Treasuries, is wrong.

From my analysis, it's clear that regulations and capital standards are not sufficient to stop a run. They might have effected this crisis in some manner, but explaining the crisis by seeing what has just occurred and writing laws that might have prevented it is of very little use, and has no real explanatory power. It's a help going forward, but, taken too particularly, it will result in a set of rules and laws that very smart people will manage to elude.

What to do then going forward?
1) Put in some sort of FDIC Insurance for these investments
2) Accept that runs might occur, and do your best to preclude them and be prepared for them
On 2, I say," good luck". Wishful Thinking at its worst. This is what will happen naturally.
On 1, what can we do? I suggest Bagehot's Principles. We need a LOLR I'm sorry to say in the modern world. All that we can do is make the guarantees explicit and adhere to firm standards going forward. But there is no practical solution without LOLR guarantees. They should be robust enough to preclude Calling Runs. One solution would allow some minimal use of FVA as opposed to MTM in supervised cases, with a government guarantee.

For libertarians, I'm sorry. This is the best that we can do for you. However, by averting Runs, we can avoid the kind's of crises that usher in enormous government intrusion. That should prove sufficient to the practically minded.

Finally, to the FDIC abstainers, a Burkean response. We don't have the FDIC for James Grant. We need it for:
1) Our actual Investor Class, which feeds on government guarantees and intervention.
2) Much more importantly, and let me put this in terms that the Investor Class can understand, in order to stave off social rebellion. A system that leads to mass unemployment, low wages, a very wealthy upper class, is not stable. Telling average workers to accept the pain of recessions and depressions is going to eventually lead to trouble. They don't have to. In other words, some people believe that we live in a world where such events as rebellions cannot occur. Of course, some people live in a world where depressions cannot occur. As a good Burkean, I know that isn't our world, and the bonds of civil society must allow compromise in order to stave off societal dislocations.

Tuesday, December 23, 2008

"I'm betting the theory of regulatory competition is going to go on holiday for a few years"

Justin Fox with a post about what I call Rationalization:

"The top West Coast regulator of the Office of Thrift Supervision has been removed from his jobwhile the Treasury Department's inspector general looks into some weirdness surrounding backdated capital infusions into since-failed thrift IndyMac( I POSTED ABOUT THIS STORY ). Add that to the demise of the biggest savings institution regulated by OTS, Washington Mutual, the loan troubles inherited from OTS-regulated Golden West Financial that forced Wachovia into a merger with Wells Fargo, and the various shenanigans associated with OTS-regulated Countrywide Financial, and things really aren't looking good for the agency. Oh, and don't forget AIG, which due to a quirk in our country's deeply quirky regulatory setup was also overseen at the holding company level by OTS( PLEASE. NO MORE ).

The OTS was created as a semi-autonomous division of the Treasury Department 1989, to take over the regulatory duties of the Federal Home Loan Bank Board, which was seen as identifying too closely with the savings and loan industry to do a good job of supervising it( YOU CAN'T BE SERIOUS ). I was the OTS beat writer for American Banker in the mid-1990s, and in those days the agency was trying hard to be professional and just as tough as the other banking regulators. But there was still lots of talk of looking out for the interests of the thrift industry, and ensuring the attractiveness of the federal savings bank charter that OTS oversaw( HOW CHUMMY ).

That's just the natural tendency of any specialized industry regulator, and I'm certainly not going to blame OTS for our current troubles ( I WILL GIVE THEM A TINY PORTION OF BLAME, IN THAT THEY ALLOWED REGULATORY SHOPPING ). The craziest of crazy mortgage lending was done by mortgage brokers selling to Wall Street. The OTS-regulated thrifts mostly just followed( THAT'S ENOUGH FOR BLAME ) in their lead. But OTS didn't stop them, I imagine, because people there were worried about thrifts losing market share( YES ). That, and they had been drinking the same home-prices-never-go-down Koolaid ( I DON'T BUY THIS KOOLAID ) as everyone else in real estate. The regulators were of the industry, not above it( NICE ).

This country's Balkanized financial regulatory structure (just for banks and savings institutions there's the OTS, the OCC, the FDIC, the Federal Reserve, and all the state banking commissioners) is mostly the product of history and bureaucratic turf wars. But for the past few decades there's also been a theory—regulatory competition, it's called—to back it up.

Having different state and federal entities compete for the privilege to regulate a particular company results in more market-friendly regulations, the thinking( THAT'S WHAT IT IS UNTIL THE REAL WORLD COMPLIES ) goes. That may be true, but more market-friendly regulations are also generally weaker regulations( TRUE ), and in the financial sector weak regulations can eventually end up destroying the very markets they're being friendly to. As we've seen lately( I AGREE. SOMETIMES, POORLY ENFORCED REGULATIONS ARE WORSE THAN BOTH ZERO REGULATIONS AND TOUGHER REGULATIONS ).

I'm betting the theory of regulatory competition is going to go on holiday for a few years, maybe decades. The OTS will be among the first victims of the new intellectual climate—Hank Paulson already proposed getting rid of it last spring. Any guesses as to who's next after that?"

I've already said that the whole system needs to be Rationalized. In other words, streamlined.

Saturday, December 20, 2008

"inherently requires trying to develop greater mastery of vital questions such as morals and fraud"

Here's a post on Cato Unbound which I basically agree with as well:

"I’m back from Utrecht( TOUGH LIFE ) and eager to rejoin the discussion, which has been aided greatly by the contributions of an anonymous reader who has obviously been in the tranches. Let me first respond to the specific questions my colleagues have posed to me.

Do I argue that agency problems in the private sector are both an important cause of the crises and exacerbated those crises? Yes ( I AGREE. I CALL THIS A HUMAN AGENCY EXPLANATION ). My prior essays and long reply explain why, though I will amplify the answer in my next post.

Do I, Larry White asks, agree with Gerard Caprio, Jr., Aslı Demirgüç-Kunt, and Edward J. Kane (CDK)? “[W]hat prompted the overleveraging and excess risk-taking in the first place? CDK argue that an important contributor was ‘safety-net subsidies,’ i.e., moral hazard from implicit or explicit financial guarantees.” ( I BELIEVE THAT THEY ARE )

No. First, CDK do not provide an explanation of why regulators permitted these activities. One needs to explain why economists’ endorsement of non-regulation and deregulation led to non-regulation and deregulation( IN THIS ONE AREA ). One also needs to examine the ideology of those who appoint the regulators and those appointed as the top regulators( CRONYISM ). As I discussed, when you appoint individuals who believe that regulation cannot succeed, they will prove themselves correct( THEY DID THIS TIME ). You get exactly what we have experienced — desupervision. ( I AGREE )

Second, the great bulk of the crisis was not “excess risk-taking.”( I DISAGREE ) Again, my prior pieces provide substantial analysis and data explaining these points. Mortgage fraud (by lenders) is a “sure thing”( I AGREE ) (Akerlof & Romer 1993; Black 2005) — it is (in combination with rapid growth, high leverage, and minimal loss reserves) mathematically certain to produce extremely high short-term “profits.”( I AGREE ) It is also certain to produce failure — the only question is how soon( I AGREE ). Note that control fraud (rather than “excess risk-taking”) also played the dominant role in prior crises such as the S&L debacle ( TRUE ), Enron/WorldCom and their ilk, Russian privatization, and the travails of the “the Washington Consensus” in Latin America. ( TRUE )

Third, unregulated (or almost entirely unregulated) lenders committed the great bulk of the mortgage. These lenders were not covered by deposit insurance( NOW HERE YOU'RE WRONG. THEY WERE COUNTING ON ANOTHER KIND OF INSURANCE ). If CDK were correct then they should have been subject to far more stringent “private market discipline.” Private market discipline (under their theories) is supposed to ensure adequate capitalization — which is (under their theories) supposed to minimize “moral hazard.”( THAT'S A THEORY. A KANTIAN EXPLANATION. NOTHING MORE. ) Thus, the predictive strength of their model has been tested by the subprime crisis — and falsified by it for mortgage fraud( I AGREE ) (or, if the reader is still in denial about fraud despite the data I provided, which my colleagues don’t even attempt to refute, the “excess risk taking”) was significantly more common in the sector that under their theories had the least moral hazard.

The Enron/WorldCom, et al., scandals had already shown that accounting control fraud did not require explicit or implicit governmental guarantees( WRONG. THEY BELIEVED THAT THEY HAD AN IMPLICIT GUARANTEE ). Fourth, moral hazard theory (as interpreted by CDK) did not explain the S&L debacle even though it took place in an industry with explicit governmental guarantees. They (implicitly) interpret the theory as excluding control fraud. This is an incorrect interpretation of moral hazard theory, which arose in the insurance context and has long recognized that moral hazard can lead to either excessive risk-taking or fraud by the insured ( I AGREE ). For the sake of testing their argument, however, I assume their definition that argues that S&L owners, made insolvent by the interest rate shock of 1979-82, responded by “gambling for resurrection.” These were honest gambles that would only pay off for the CEO or shareholders if the investments succeeded. The troubles with this theory include (1) the purported “rational” strategy (as interpreted by economists) was virtually certain to fail( TRUE ), (2) all of the purported “gamblers” economists asserted followed this strategy (the “high fliers”) first reported exceptional profits and then failed ( TRUE ), (3) as the national commission (NCFIRRE) found, “fraud was invariably present” at the “typical large failure,”( ABSOLUTELY ) (4) the business practices that the purported gamblers followed were profoundly irrational if they were honest, but were optimal as accounting control frauds( YOU ARE CORRECT ), and (5) in fact, there were honest gamblers but they (A) did not act in a manner that economists predicted and (B) they won their bets and substantially reduced the cost of the debacle.( I TEND TO AGREE )

Point 1: economists assert that the optimal “excess risk-taking” strategy for insured banks that are inadequately capitalized or insolvent is to maximize the value of the put option. [1] The means by which one maximizes the put is to take ultra high risk. The optimization is straightforward — the greater the risk, the greater the expected value of the put. The obvious (except to most economists) problem with this concept is that the way to optimize is to take a bet that is so risky that it is virtually certain to fail. Even economists should be able to understand that financial suicide is an unattractive and oxymoronic form of “optimization.” ( NOT IF YOU'VE BEEN HANDSOMELY REWARDED BEFORE THE FALL )

Point 2: The concept of “optimization” I have just explained could explain part of the pattern of outcomes of the “high fliers” and lenders that specialized in nonprime mortgage loans, i.e., universal failure ( I AGREE ). Why S&L subordinated debt holders and other creditors that are not protected from loss by deposit insurance never blocked these suicidal strategies by the “high fliers” is, however, inexplicable under neoclassical economic theory. (Subordinated debt holders, who economists predicted would be the optimal agents of private market discipline because they had large amounts of at-risk funds and were financially sophisticated, also failed to block control fraud — or “excess risk-taking” — at banks, investment banks, and insurance companies.) ( YOU ARE WRONG. THEY BELIEVED THEY HAD IMPLICIT GUARANTEES )

The concept of optimization, however, cannot explain the first aspect of the pattern of outcomes – uniform high, initial profitability. There is no reason why hundreds of S&Ls and scores of nonprime lending specialists (A) should have all specialized in the same small number of activities, and (B) should all have been highly profitable while purportedly engaging in ultra high-risk investments. [2]

What does fit the pattern of outcomes is accounting control fraud( I TEND TO AGREE ). It is a “sure thing.” It produces certain profits in initial years. Unless the fraudulent CEO exercises restraint presumably because the company is well-capitalized and likely to generate long-term profits — which was not the case for any S&L in this era — the optimal strategy was “looting” ( I AGREE )(Akerlof & Romer 1993). Looting is fatal and typically causes catastrophic losses. I term the exercise of restraint in converting firm funds to the CEO’s personal use through accounting fraud “grazing.”( DO YOU NOW? I WONDER WHY, BUT THAT'S ANOTHER QUESTION. I HOPE )

Points 3 and 4: NCFIRRE (1993) found that (A) there was a distinctive pattern to the high fliers’ business practices, (B) the pattern was irrational if they were engaged in honest gambles, (3) the pattern optimized accounting fraud, and, (4) that fraud was “invariably” present at the “typical large failure.” The nonprime lenders meet those four characteristics, as do Enron and its ilk. ( I AGREE )

Point 5: “Traditional” S&Ls did “gamble for resurrection” in 1981-83 by maintaining much of their interest rate risk exposure. This was not consistent with economists’ beliefs about moral hazard theory. Every traditional S&L was insolvent on a market value basis in 1982. Very few of their CEOs (roughly 100 of around 3000) engaged in reactive control fraud due to moral hazard. This restraint is the most significant reason why the debacle did not grow to catastrophic proportions. (Roughly 200 “opportunistic” control frauds entered the S&L industry in 1982-84 through changes of control or opening de novo institutions. The typical opportunist was a real estate developer. He had large conflicts of interest and no ties of loyalty to the S&L or its shareholders, customers, or employees. He was more willing to loot than was the typical traditional CEO that had come up through the ranks over the course of two decades. ( OK )

Moral hazard theory (as taught by neoclassical economists) predicts that traditional S&Ls would dramatically increase their risk exposure through honest gambling in 1982-84. Instead, traditional S&Ls made modest increases in credit risk and modest-to-moderate reductions in their interest rate risk exposure. This behavior was inconsistent with the predictions of moral hazard theory. It was risky. If interest rates had continued to increase throughout 1982 and beyond the overall industry insolvency (on a market value basis) of $150 billion would have increased. Instead, the traditional S&Ls were lucky on interest rates after mid-1982, as rates fell significantly and fairly steadily. Because traditional S&Ls only partially reduced their exposure to interest rate risk, their “underwater” mortgages regained most of their (unrealized) market-value losses. As a result, “only” about $25 billion of that $150 billion was ultimately “realized.” (NCFIRRE 1993). If economists wish to define insolvent S&Ls continuing to take serious, but modestly less, risk as “moral hazard,” then they can conclude that moral hazard significantly reduced the cost of resolving the S&L debacle. ( OK )

Ultimately, CDK’s logic (if not their conclusions) strongly supports the themes I have developed during this discussion. Deregulation and desupervision in the financial sphere can have the unintended consequence of optimizing a “criminogenic environment.” The extension of implicit federal guarantees to every large corporation operating in the United States can exacerbate the problem of control fraud. ( THAT'S IT )

Casey reminds me that he has GDP data (emphasis in the original) that, he argues, demonstrate that there is no “crisis” for the “average” American. Casey is aware that I (and our readers) have data too, and that (unlike lagging GDP numbers) they demonstrate a crisis greater than any of us have experienced in our lifetimes (except for readers who are very long-lived and knew the Great Depression). We know that there have been unprecedented failures of hundreds of markets — globally. We know that but for unprecedented intervention by the Fed, Treasury and other central banks it is the considered judgment of the economic powers that be (here and abroad) there situation would have become catastrophic. We see unprecedented socialism in the United States for our more elite institutions( NOT REALLY ). We see the failure (or “but for” intervention failures) of many of our most elite financial institutions. Now, granted, I was born in Detroit and grew up in Dearborn, so the auto industry probably has lubricants running in my veins, but the “but for” collapse of the entire domestic auto industry is a kind of a big deal. All of this happened not in some “perfect storm” but during the “great moderation.” It is also getting worse, commercial real estate, the PBGC, SIPC and other shoes are waiting to drop. All of these facts are data. They are simply vastly more important data. ( I AGREE WITH HIM AND CASEY, BECAUSE I DAMN WELL CAN )

Brad argues that:

Thus practically every risky asset, all the time, sells for much less than its fundamental value — and does so because financial markets do not do a good job of mobilizing the risk-bearing capacity of society. I don’t think we have any prospect of living in a world in which financial markets do their job of risk-tolerance-mobilization well — nobody should trade or invest in anticipation of such a world. But I don’t think that the idea of “overinvestment” makes a lot of sense: the proper public policy response to every situation that White would characterize as one of “overinvestment” is, I think, one in which the government takes steps to mobilize more of society’s risk-bearing capacity rather than letting asset prices collapse and create massive unemployment.

I have a very different view. Brad believes that financial markets are commonly made deeply inefficient by “lemons markets” problems in a manner that leads to a systematic undervaluing of asset values. Many “risky assets” trade for much more than their “fundamental value” (assuming that this concept can be made meaningful.( ACTUALLY, I DON'T BELIEVE THAT IT CAN ) ) That is precisely why we have epidemics of control fraud. Spreads on nonprime mortgage loans during the last decade have always been grossly inadequate and spreads narrowed when they should have grown over the course of the decade. Moreover, the entire concept of an “adequate spread” for this kind of lending was a misnomer because had the loans been properly priced the spread would have been so large that it would have sent the “adverse selection” problem through the roof (pun intended). ( I TEND TO AGREE )

It follows that we should not seek to initiate government action to inflate housing prices to the point that there were minimal credit losses on existing mortgages. Doing so would misallocate resources further, reward fraud, and make the markets even more inefficient. ( TRUE, BUT...)

Larry, responding to Brad, urges:

In fact, I think economic reasoning about cause and effect (not monkey psychology) helps us to understand what is going on. Economic reasoning does not require the use of, nor have I used, normatively loaded terms like “deserved” or “retribution” or “fecklessness.” To repeat what I wrote on my blog in September:

“This isn’t a morality play. What we’re seeing are the consequences of monetary-policy distortions of interest rates and regulatory distortions of incentives, amplified in some degree by private imprudence, not the consequences of blackheartedness.”

I will offer a different view. There is nothing superior or scientific in avoiding the use of “normatively loaded terms” when such terms are accurate and important. Readers will have discovered that economists have a profound unwillingness to use the “f” word — fraud — to discuss fraud( NOW HERE I AGREE COMPLETELY AND AM GLAD TO READ THIS ). You now see an effort to assert that this weakness is a virtue. Even Brad’s euphemisms are too strong for Larry.

The crisis we are discussing has its roots in a massive fraud, primarily by lenders( BINGO! ). Frauds this severe greatly extend and inflate financial bubbles. This directly causes losses that measure in the trillions of dollars. It indirectly causes systemic risk because (as the anonymous reader agreed) financial systems run on trust( LIKE CREDIT RATINGS AGENCIES. THINK OF ROBERT WALDMANN'S POST ) and there’s nothing like creating and then betraying trust (which is what fraud is) and causing enormous losses through that betrayal, to destroy trust. This is the “transmission mechanism” Brad is searching for that produced the broader crisis. ( TRUE )

Fraud has moral consequences, and morality is central, not peripheral to market efficiency( THIS IS A HUMAN AGENCY EXPLANATION ). Larry’s unwillingness to take fraud seriously, even after my data and analysis dump, is characteristic of what has gone wrong in economics.

For the reasons shown in the earlier discussions, Larry’s claim that monetary policy caused or even contributed greatly to the housing bubble fails( IT'S A SLIGHT CAUSE ). More to the point, if the “solution” were significantly higher short term interest rates the cure would have been far more expensive and harmful than appropriate micro/macro policies (i.e., regulatory restrictions on nonprime lending) that would have killed the bubble at much earlier time with far less collateral damage.

There was no “regulatory” distortion of incentives that caused or even contributed substantially to the bubble( I AGREE, THEY DID HELP IT, BUT NOT CAUSE ). The CEOs that funded these loans did it to create accounting profits. It is naïve (and unsustainable) to claim they made the loans to comply with rules (that in fact did not require making or purchasing nonprime loans).

There was, however, plenty of distortion of incentives by private parties. They distorted those incentives to optimize accounting fraud. They acted in a manner consistent with past control frauds. ( I AGREE )

Economists love to talk about “unintended consequences” and they’re always in the context of social do-gooding gone wrong. Here are two unintended consequences of non-regulation and/or desupervision. (The consequences, of course, are intended by the private parties, but absent corruption, not by the legislators.) First, when you don’t regulate financial activities you de facto decriminalize control fraud because the regulators are the “cops on the beat.”( TRUE ) Second, when you don’t regulate financial activities you make them opaque and you create a situation in which voluntary industry disclosures aren’t verified by a truly independent entity. ( TRUE )

So, no it’s not a fictional medieval “morality play.” It is the real-world economy, the study of which inherently requires trying to develop greater mastery of vital questions such as morals and fraud( I AGREE ). If you are saying that economics and economists are going to continue (1) not to develop a theory of fraud or become cognizant of the findings of other disciplines that specialize in the study of what causes markets to fail profoundly, (2) not to develop a methodology that does not praise accounting control frauds, (3) to recommend praxis that optimizes environments for epidemics of control fraud, (4) to refuse to analyze whether fraud is present, (5) to refuse to call a fraud “a fraud,” and (6) to think that this ignorance and addiction to euphemism is a virtue, then economists need to engage in a fundamental reconsideration of their profession, theories, methodologies, and policy recommendations. ( I AGREE )

As constituted, the economics profession endangers the world economy. As even the triumphalist authors of Moral Markets concede (a book announcing the triumph and moral superiority of “free markets” that had the misfortune of being published this year), our business schools and economics programs too often continue to hold up homo economicus as the ideal — but homo economicus is, to quote that volume: “a sociopath.”( MORE LIKE A FICTION ) The authors, in essence, charge that our business school and economics programs have become fraud academies. Many students will have the moral strength to resist that training, but as economists emphasize, the concern is on the margins. ( I AGREE )

Notes

[1] Note that this subtly removes the “moral” from “moral hazard” and turns an abusive behavior not simply into a neutral activity, but into a desirable activity. This is dangerous because it helps “neutralize” abusive behavior, which increases abusive behavior( I TEND TO AGREE ). As I am about to explain in my discussion of Point 5, “moral” constraints — a broad concept under “moral hazard” theory — can provide some of the most effective constraints against control fraud.

[2] The markets offer far greater yields for honest risk-taking than honestly underwritten subprime loans or direct investments. The reason that mortgage lenders specialized in subprime lending or that S&L specialized in “direct investments” or “ADC” loans has is that these types of investments are superb vehicles for accounting fraud, particularly during a “bubble,” not because the yield is spectacular. ( TRUE )

Now, I disagree about one point, but it's an important point. Many of the actors did not committ fraud, but did engage in other unethical or criminal behavior, which I have listed as fiduciary mismanagement, negligence, and collusion. The implicit and explicit government guarantees to intervene in a financial crisis were necessary for these individuals to take the risks that they did, because these people wanted to remain where they were if everything went sideways. They thought of these guarantees as an insurance policy, which lobbying and networking paid for, and, indeed, these people believe that this is the essence of our system. They do not believe in free markets, but rather favor a version of the welfare state heavily weighted towards their interests. People have an absurd idea of our system when they use words like "socialism" or "free market" to describe what we have. It's a Welfare State. A Government/Private Sector Hybrid. Most people support it, but try and nudge or bribe or convince the government to favor their interests. That's why Interest Groups are so important in our politics.

One final point. Even when people claim that they're Anarchists or Libertarians or Socialists, I tend to doubt that they are. The reason is that until they find out how they would actually do economically, etc., under such a system, I don't believe that they know if they'd support such a system or not. It's a bit like how I feel when people say that they'd like to live in the past. They're always assuming that they'll do all right, while I have my doubts.

Wednesday, December 17, 2008

"were repeatedly brought to the attention of SEC staff, but were never recommended to the Commission for action."

Shopyield answers one question about Madoff:

"Madoff: “I’m very close with the regulators.”

SEC Chairman Cox made the following statement … ~~~~ “… Since Commissioners were first informed of the Madoff investigation last week, the Commission has met multiple times on an emergency basis to seek answers to the question of how Mr. Madoff’s vast scheme remained undetected by regulators and law enforcement for so long.

Our initial findings have been deeply troubling. The Commission has learned that credible and specific allegations regarding Mr. Madoff’s financial wrongdoing, going back to at least 1999, were repeatedly brought to the attention of SEC staff, but were never recommended to the Commission for action.

I am gravely concerned by the apparent multiple failures over at least a decade to thoroughly investigate these allegations or at any point to seek formal authority to pursue them. Moreover, a consequence of the failure to seek a formal order of investigation from the Commission is that subpoena power was not used to obtain information, but rather the staff relied upon information voluntarily produced by Mr. Madoff and his firm.

In response, after consultation with the Commission, I have directed a full and immediate review of the past allegations regarding Mr. Madoff and his firm and the reasons they were not found credible, to be led by the SEC’s Inspector General.

The review will also cover the internal policies at the SEC governing when allegations such as those in this case should be raised to the Commission level, whether those policies were followed, and whether improvements to those policies are necessary. The investigation should also include all staff contact and relationships with the Madoff family and firm, and their impact, if any, on decisions by staff regarding the firm…. ” ~~~~"

Tuesday, December 2, 2008

"Matt Apuzzo's excellent article on how the goverment failed to reign back subprime mortgage lenders paints a picture of deregulation run amok"

Felix Salmon considers the story about the Bush Administration's objections to regulation, which I considered interesting, but not of particularly cogent value:

"This is worth underlining. Even if the OCC, the FDIC, the Fed, and the OTS had miraculously managed to come to unanimous agreement on curtailing subprime lending, it still wouldn't have helped much -- because between them, they only had regulatory control over banks. Any subprime lenders which didn't take deposits -- and there were hundreds of them cropping up all over the country, originating loans and selling them on to investment banks to be packaged into bonds -- would have remained outside the regulatory reach.

In other words, without major regulatory consolidation, nothing effective was going to happen in any event. There's a general consensus in Washington now that we need a super-regulator with teeth, and the US might be able to learn from the UK's lessons in setting up the FSA. Once we have that, doing things like clamping down on subprime lending might become a great deal easier."

This is extremely important. Regulations need to be simple and easily enforced. This tangled web of regulations and regulators is, among other things, a breeding ground of lobbying and regulator shopping, as well as of confusion and legal complexity. We need to rationalize many of these agencies, and, just as I wrote that , I became very weary. What's the point?

Here's my comment, for what it's worth:

Posted: Dec 02 2008 5:07pm ET
"These mortgages have been considered more safe and sound for portfolio lenders than many fixed-rate mortgages," "David Schneider, home loan president of Washington Mutual, told federal regulators in early 2006. Two years later, WaMu became the largest bank failure in U.S. history."

The shocking thing in that story was the ignorance and negligence of the industry representatives quoted, who assured everyone that everything was coming up roses. Too bad that they didn't warn us that they meant a thicket of thorns were included.

Saturday, November 15, 2008

"Paulson did it quietly and in the background": Then How Did I Know It?

I wonder how many times that I have to read this. From 124 Monkeys:

"I had completely missed this story by Amit Paley until Michael Scherer put up a blog post about it. Basically, the Treasury Department completely bypassed Congress and the Constitution* to revise Section 382 of the U.S. Tax Code. The why of it is pretty obvious on its face. Paulson believes that we’re on the verge of another Great Depression and he intends to not make the mistakes of letting banks fail and contracting the money supply that caused the first one.

*you know, that pesky document that spells out and specifically states that Congress and only Congress shall have the power to tax the people and pass laws about taxation

Paulson’s original plan was to buy up the bad securities and encourage the credit markets to start trading and lending again. Part of that scenario would definitely involve banks buying up other banks that had tons and tons of losses and bad assets on their books. In order to encourage such behavior, Paulson ordered a roll back of Section 382 to make buying companies with lots of losses - either on their books or waiting to be declared - more attractive.

Paulson did it quietly and in the background because he knew the top down nature of his plan, which essentially was “save Wall Street, let the solvent banks carry the overall economy through the crisis, screw the little guys” would go over very, very badly with Congress who would need votes from all those little guys to get re-elected in a month.

What I don’t understand is why this roll back wasn’t rolled back when the TARP plan changed to bank nationalization. Plus, its like totally unconstitutional and stuff."

Here's my post from, read it carefully:

Saturday, October 4, 2008

Not Really Free Market After All

Paulson's stimulus plan:

"Treasury Secretary Henry Paulson’s plan, which is now law, is fiscal stimulus that will be injected directly into the banking system to supplement almost nonexistent private-sector lending with government cash and determination. Mr. Paulson may be shooting the right weapon at the right time because it will help rescue the banks while restarting corporate and consumer lending.

But Mr. Paulson’s fiscal-stimulus work didn’t end with the bailout bill.

With hardly anyone noticing, on Wednesday he pushed through very technical and obscure changes to tax regulations that provide a “tax subsidy” for acquirers of troubled banks. Just as automakers stimulate car sales through rebate checks, the Treasury is providing a form of tax rebate to acquirers of troubled banks. Everyone can thank Hank Paulson and his stealth tax-driven fiscal stimulus for the astonishing news that Wachovia was being acquired by Wells Fargo and not Citigroup. It was Mr. Paulson’s tax subsidy to Wells Fargo that provided the fiscal grease to make this deal happen. Pundits who point to the deal and proclaim that the “free markets work without government help” don’t understand the motivating effect of several billion dollars of tax benefits to Wells Fargo."

Your government's dollars at work.

And this post:

Saturday, October 4, 2008

Are Regulators Always Wise?

On the Wachovia sale:

"Lawyers not involved in the battle said that Wachovia could defend the Wells Fargo deal by arguing that it is better for its shareholders. Wachovia is likely to claim that its fiduciary obligations — its responsibility to protect the interests of its investors — required it to consider the Wells Fargo bid and, given its higher price, to accept that bid.

The litigation could put regulators in a difficult spot. The Wells Fargo deal may be better for taxpayers, but if it succeeds, in the future other financial institutions may not be willing to help the government, as Citigroup did, because of the risk that they might not reap the anticipated benefit."

You think?

And this post:

Monday, October 20, 2008

“One purpose of this plan is to drive consolidation.”

Score one for Surowiecki. From the NY Times:

"As the Treasury embarks on its unprecedented recapitalization, it is becoming clear that the government wants not only to stabilize the industry, but also to reshape it. Two senior officials said the selection criteria would include banks that need more capital to finance acquisitions.

“Treasury doesn’t want to prop up weak banks,” said an official who spoke on condition of anonymity, because of the sensitivity of the matter. “One purpose of this plan is to drive consolidation.”

I understand this as a temporary move, but don't find consolidation, or creating very large banks, a positive development in the long run.

As well, I don't think that a credit stimulus plan that doesn't stimulate lending to be very useful.


Okay. These three posts explain everything. Citigroup had a deal to buy Wachovia brokered by the government. When the TARP was passed, which included the provisions that I knew about at the time, and that people are claiming were hidden, Wells Fargo took advantage of the new law to put a better bid in to buy Wachovia. This put the government in the odd situation of brokering a deal with Citigroup, only then to pass tax subsidies that led to Wells Fargo making a better deal. A suit by Citigroup then ensued.

Also, the TARP plan was designed to acquire toxic assets from banks, not recapitalize them as happened. So, the original plan for recapitalization was to pass these tax subsidies so that banks could merge, making recapitalization easier, and, hopefully, making the banks more profitable, hence more able to pay us back and survive, since there was less competition.

Now, if you followed the Wachovia deal, or tried to understand how TARP could actually work and what it said, these provisions were obvious from the beginning. So, these stories are not news. The only news I can find is that some people claim that it's unconstitutional. But, I believe that is was in the bill that passed, so I'm missing something about this argument. It could be correct, but I need to understand it better.

But, if an amateur blogger like me knew this, how could all these experts not know it?

Sunday, November 9, 2008

"Consider that government intervention might have led banks and other organizations to take on risks that they never should have."

Via Cafe Hayek, a good article by Steven Horwitz:

"However well-intentioned the attempts were to extend homeownership to more Americans, forcing banks to do so and artificially lowering the costs of doing so are a huge part of the problem we now find ourselves in."

Don't buy it. Poor loans are poor loans.

"What's interesting is that the rise in prices affected most strongly cities with stricter land-use regulations, which also explains the fact that not every city was affected to the same degree by the rising home values."

Fine. Houses are more expensive. Doesn't justify poor loans.

"While all of this was happpening, the Federal Reserve, nominally private but granted enormous monopoly privileges by government, was pumping in the credit and driving interest rates lower and lower. This influx of credit further fueled the borrowing binge. With plenty of funds available, thanks to your friendly monopoly central bank (hardly the free market at work), banks could afford to continue to lend riskier and riskier."

Sorry. Wrong again. Poor loans are poor loans.

"Yes, banks were "greedy" for new customers and riskier loans, but they were responding to incentives created by well-intentioned but misguided government interventions. It is these interventions that are ultimately responsible for the risky loans gone bad that are at the center of the current crisis, not the "free market."

Here he's absolutely correct. This implicit guarantee by the government and Fed to intervene can explain why poor loans might be bet on. The risk is lowered.

"It is when corporations can use the state to rig the rules in their favor that the negative effects of their power become magnified, precisely because it has the force of the state behind it. The current mess shows this as well as anything ever has, once you realize just what a large role the state played. If you really want to reduce the power of corporations, don't give them access to the state by expanding the state's regulatory powers. That's precisely what they want, as the current battle over the $700 billion booty amply demonstrates. "

This is true. The government had acquiesced to these implicit and explicit guarantees, which these banks and investors wanted.

"The eventual bursting of the bubble and their subsequent losses are, to many of us, their just desserts for rigging the game and eventually getting caught. To reward them again for their rigging of the game is not just morally unconscionable, it is very bad econonmic policy, given that it sends a message to other would-be riggers that they too will get rewarded for wreaking havoc on the US economy. There will be short-term pain if we don't bailout these firms, but that is the hangover price we pay for 15 years or more of binge lending. The proposed bailout cannot prevent the pain of the hangover; it can only conceal it by shifting and dispersing it among the taxpayers and an economy weakened by the borrowing, taxing, and/or inflation needed to pay for that $700 billion. Better we should take our short-term pain straight up and clean out the mistakes of our binge and then get back to the business of free markets without creating an unchecked Executive branch monstrosity trying to "save" those who profited most from the binge and harming innocent taxpayers in the process."

Here, he's completely wrong. Guarantees are guarantees. We need to honor them. As well, the system was so out of whack that the fallout of a hands off policy is being extraordinarily minimized. Just check out the bankruptcy of Lehman. This is pure wishful thinking, which we've had enough of.

"My point is that hoping that having the "right people" in power will avoid these problems is both naive and historically blind."

Put this way, I never understand this comment. It should apply to the police, courts, military, etc., and yet we need them. It is much better to say that regulations rely on regulators and can't be relied on to solve all our problems.

"Consider that perhaps government intervention, not free markets, caused profit-seekers to undertake activities that harmed the economy. Consider that government intervention might have led banks and other organizations to take on risks that they never should have. "

This is true.

"Consider that government central banks are the only organizations capable of fueling this fire with excess credit. And consider that various regulations might have forced banks into bad loans and artificially pushed up home prices. Lastly, consider that private sector actors are quite happy to support such intervention and regulation because it is profitable. "

At most, these are necessary, but not sufficient conditions. They do not explain the poor investments because they do not minimize risk. At best, they increase profits, but all profits must be reasonably judged by their risk. Focus on the risk.

The solution going forward is to not have the government subsidizing risk, or, where it does, restrictions on the risk that is allowed. This is not impossible.

Saturday, October 11, 2008

Regulations And Regulators

Terrific post on the NY Times by Gretchen Morgenson.

Point 1) The problem of regulators:

"And that has created the biggest problem for regulators right now: at precisely the moment they are entrusted with breathtaking powers, investors’ and taxpayers’ trust in them is at a nadir."

Of course, the SEC story earlier and handling of the Wachovia deal weren't great shakes for regulators either.

Point 2) The implicit government guarantee:

"There are a few straight talkers in the regulatory regime, of course. One is Gary H. Stern, president of the Federal Reserve Bank of Minneapolis and co-author of “Too Big to Fail: The Hazards of Bank Bailouts.” In a speech last Thursday, Mr. Stern expressed deep unease over the consequences of using taxpayer money to rescue big and reckless financial institutions.

“The too-big-to-fail problem, with which I have long been concerned, has been exacerbated by actions taken over the past year to bolster financial stability,” he said, according to his prepared remarks. While conceding that the recent lifelines were appropriate, given the circumstances, he said that “it is critical that we address ‘too big to fail’ because, if left unchecked, it could well be a major source of future instability.”

It seems to me that this problem has already led to instability.

Point 3) Regulations going forward:

"Mr. Stern’s solution is an approach he calls “systemic focused supervision.” It involves “early identification, enhanced prompt corrective action and stability-related communication.”

First, regulators would identify what Mr. Stern described as “material exposures between large financial institutions and between these institutions and capital markets.”

Read on.

In other words:

A. Identify problem bank.

B. Close It.

C. Tell the public why.

Of course, this solution relates to Point 1, since this system will necessarily rely on regulators. However, it's better to have Point 1 be a problem, from my point of view, than Point 2. It seems to me that it would be cheaper, and hinder the free market less than the consequences of implicit government guarantees, i.e., to big to fail.


"No Plausible Reasons"

I wish I could have more faith in regulators:

"SEC Faulted Over Bear Probe

An official at the Securities and Exchange Commission failed to properly enforce securities laws in the agency's investigation of investment bank Bear Stearns' valuation of complex securities, the agency's watchdog said in a report made public yesterday.

The SEC inspector general, H. David Kotz, found that the SEC's Miami office should have brought a case against Bear Stearns and another company rather than closing the inquiry in the summer of 2007 without enforcement action.

Members of the SEC staff "expressed surprise that the case had been closed, and no plausible reasons for its closing were provided" by managers in the Miami office, the report says.

The SEC's enforcement staff disputed the report's findings.

The critical report follows another issued by Kotz late last month that found the SEC's oversight of Bear Stearns and other big Wall Street banks was lacking. Bear Stearns nearly collapsed in March and was purchased by rival J.P. Morgan Chase with a $29 billion federal backstop."

I keep calling for minimal but effective regulation, but I'm not sure that I believe it will work.

Friday, October 10, 2008

Reports Of The Death Of Capitalism Are Greatly Exaggerated

A decent assessment:

"David Ruder, the former chairman of the Securities and Exchange Commission and now a professor emeritus at the Northwestern University School of Law, said he also thought that much stricter financial regulation was necessary, both in the United States and internationally. “The events, even as they’re unfolding today, are revealing the need for much closer cooperation among financial regulators,” he said.

But, in a sign of the opposition that Democrats will face as they try to strengthen regulation, Mr. Ruder said that he did not think regulatory reform would be easy to implement, even in the financial sector. Even after receiving massive government aid this year, banks may fight stronger government oversight next year, he said.

The banking and finance industries are major political donors and powerful lobbying forces in Washington. Lawmakers who voted for the bailout received substantially more in contributions over their careers from the finance, insurance and real estate industries than those who voted against it, according to the Center for Responsive Politics, a nonprofit group that tracks political contributions.

“I’m scared about the next year but I’m very optimistic we’ll come out of this in good shape,” he said. “We very well may come out of this horrible situation with a better version of American capitalism — it’ll be a little tamer; it’ll be a little more regulated.”

“But this country is built on an appetite for risk,” he added. “We don’t want to be France.”

Saturday, October 4, 2008

Are Regulators Always Wise?

On the Wachovia sale:

"Lawyers not involved in the battle said that Wachovia could defend the Wells Fargo deal by arguing that it is better for its shareholders. Wachovia is likely to claim that its fiduciary obligations — its responsibility to protect the interests of its investors — required it to consider the Wells Fargo bid and, given its higher price, to accept that bid.

The litigation could put regulators in a difficult spot. The Wells Fargo deal may be better for taxpayers, but if it succeeds, in the future other financial institutions may not be willing to help the government, as Citigroup did, because of the risk that they might not reap the anticipated benefit."

You think?