Showing posts with label compensation caps. Show all posts
Showing posts with label compensation caps. Show all posts

Wednesday, May 6, 2009

Healthier banks have complained since Congress attached what the banks consider onerous restrictions to the bailout funds.

TO BE NOTED: From the NY Times:

"
U.S. May Set a Debt Test for Banks

The Treasury Department is planning to require banks seeking to free themselves from the government’s grip to show that they can survive without the taxpayer aid that has helped them through the financial crisis, senior government officials said Tuesday.

Banks have been enjoying an indirect subsidy adopted by the government last fall that allows them to issue debt cheaply with the backing of the Federal Deposit Insurance Corporation. The Treasury is expected to announce as early as Wednesday that healthier banks must show that they can issue debt without the guarantees before they are allowed to repay the money they accepted from the Troubled Asset Relief Program, or TARP.

The banks also must demonstrate that they will be able to sell stock to private investors and pass a government stress test to show that they are healthy enough to survive without the taxpayer aid.

The Obama administration plans to publicize the results of stress tests for the nation’s 19 largest banks on Thursday. The results are expected to reveal that a number of them need additional capital.

They are also expected to show that several banks — including Bank of New York Mellon, Goldman Sachs and JPMorgan Chase — are healthy enough to repay TARP funds.

Even before the conditions were formally announced, several banks were trying to raise money in the financial markets without relying on the F.D.I.C. backing.

Banks have grown eager to repay TARP money as quickly as possible, to rid themselves of compensation caps and other restrictions that they complain has hurt their competitiveness.

On Tuesday, Bank of New York Mellon announced it had raised $1.5 billion by selling debt not guaranteed by the F.D.I.C., in a move that positions it to repay the government.

The deal was oversubscribed by investors at a lower cost than previous sales, a sign that analysts said showed how credit was thawing for stronger banks.

JPMorgan Chase raised $3 billion of nonguaranteed debt in April, after a similar offering the month before.

Goldman Sachs sold $2 billion in nonguaranteed debt in late January, and took the additional step of raising $5 billion from private investors after it reported earnings last month.

Healthier banks have complained since Congress attached what the banks consider onerous restrictions to the bailout funds.

At a White House meeting with President Obama in late March, several banks asked the administration to lay out a plan for them to repay the money.

Mr. Obama said he understood their concerns, but did not want to undermine his effort to bolster lending.

The large banks were later told that they would have to wait for the results of the stress tests before they could repay TARP.

So far, only 11 small banks that did not undergo the stress tests have been permitted to repay the bailout money.

But they also must buy back warrants they issued to the Treasury to completely extricate themselves from the government. The warrants are a mechanism that ensure taxpayers will share in any upside for providing aid to the banks.

But banks have been tussling with Treasury over how much they should pay to repurchase the warrants from the government.

It is so difficult to find common ground that just one bank, Centra Financial of West Virginia, has bought back the securities.

That could pose an additional hurdle for bigger institutions like JPMorgan Chase or Goldman Sachs to fully untangle themselves from the government.

On Tuesday, Federal Reserve officials privately delivered the final stress test results to the banks after more than a week of intense negotiations.

Citigroup, Bank of America, Wells Fargo, PNC Financial and several other large regional lenders argued that they were much stronger than the regulators thought, hoping to avoid raising additional capital.

Citigroup, the largest and most deeply troubled of the banks, is expected to need $5 billion to $10 billion of additional capital, according to people briefed on the final results.

Citigroup executives say the bank can easily cover any shortfall, and is considering several options to close that gap.

Among them are efforts to accelerate the sales of several businesses within Citi Holdings, a holding tank for assets it plans to shed, or to expand its common stock conversion plans to a broader base of private investors who hold Citigroup preferred stock.

Both measures would avoid an increase in the government’s expected 36 percent ownership stake."

Tuesday, April 21, 2009

he’s also worried that the whole thing could easily become a front for money launderers

From Reuters:

"TARP datapoint of the day
Posted by: Felix Salmon
Tags: regulation

The SIGTARP’s quarterly report to Congress (that’s Neil Barofsky, for those keeping track at home) runs to 250 densely-written pages. The news coverage is concentrating, rightly, on the fact that Barofsky is already investigating no fewer than 20 fraud cases associated with TARP funds, and also the rather alarming fact that PPIP fund managers might actually be forced to accept compensation caps after all. (If that does happen, you can be sure that Pimco, BlackRock, and the rest will immediately pull out of the scheme, leaving it doomed to failure.)

But there’s lots more where that came from. Not only is Barofsky worried about PPIP participants gaming the system, he’s also worried that the whole thing could easily become a front for money launderers:

Because of the significant leveraging available and the inherent imprimatur of legitimacy associated with PPIP and TALF, these programs present an ideal opportunity to money-laundering organizations. If a criminal organization can successfully invest $10 million of illicit proceeds into a PPIF, not only does the organiza- tion enjoy the possibility of profi ting through the Government-backed leverage, but any eventual distributions from the PPIF are successfully laundered because they appear to be PPIF investment gains rather than drug, prostitution, or illegal gambling proceeds.

The good news is that Congress has people like Barofsky and Elizabeth Warren’s Congressional Oversight Panel staffed up and keeping a close eye on Treasury’s bright ideas. The bad news is that it’s far from clear that Treasury has either the staffing or the inclination to pay much attention, let alone to implement their recommendations. Maybe once Treasury’s political appointeees are in place it will be a bit more helpfully responsive to (and grateful for) these extremely good reports."

Me:

“Saturday, October 4, 2008

Problems With The Bailout
From the NY Times article “For Treasury Dept., Now Comes Hard Part of Bailout”, I see the following problems with the plan as envisaged:

1) Possible conflicts of interest with the administrators of the plan.

2) Overpaying for assets.

3) Doesn’t do enough to ease credit markets or makes it worse.

4) When the assets are eventually sold, there is a huge and unanticipated loss.

5) Lobbying by hedge funds, etc.

Are there others? ”

These are inherent problems in any government/private sector hybrid plan. The recent past has shown this. You cannot rid the arrangement of them. All that you can do is get people to try and supervise the process closely. These issues also turned up in the Fed’s MBS purchases program.

“Conflicts of Interest
The first area of vulnerability is that the private parties managing the PPIFs might
have a powerful incentive to make investment decisions that benefit themselves at
the expense of the taxpayer”

“Collusion
A closely related vulnerability is that PPIF managers might be persuaded, through
kickbacks, quid pro quo transactions, or other collusive arrangements, to manage
the PPIFs not for the benefit of the PPIF (and taxpayers), but rather for the benefit
of themselves and their collusive partners.”

Both of these I call Conflict Of Interest. They are inherent in hybrids.

“Money Laundering
National and international criminal organizations — from organized crime, to narcotics
traffickers, to large-scale fraud operations — are continually looking for opportunities
to make their illicit proceeds appear to be legitimate, thereby “laundering”
those proceeds.”

And? This applies to any financial business in the US.

The solutions:

“Treasury should impose strict conflict-of-interest rules upon PPIF managers across all programs…

Treasury should mandate transparency with respect to the participation and management of PPIFs.

Treasury should require PPIF managers to provide PPIF equity stakeholders (including TARP) “most-favored nations clauses,” requiring that the fund
managers treat the PPIFs (and the taxpayers backing the PPIFs) on at least as favorable terms as given to all other parties with whom they deal.

In order to prevent money laundering and the participation of actors prone to abusing the system, Treasury should require that all PPIF fund managers have
stringent investor-screening procedures, including comprehensive “Know Your Customer” requirements”

In other words, watch out. Come on. If you don’t like the plan, it’s riddled with demons. These same kinds of problems turn up in all areas of government largess. Fraud, Collusion, Negligence, and Fiduciary Mismanagement, are essential areas of worry in financial concerns. Period.

If you don’t trust the FDIC and Treasury and the Fed now, why would you trust them to do anything right, including seizing banks?

- Posted by Don the libertarian Democrat