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Nationalization of Banks

kent nickell

Well-known member
Nationalization of banks may be necessary as they seem so entrenched in insolvency... Banks may need to be moved into more of a utility like structure where they just give out mortgages and other loans in a fairly straightforward manner without engaging in all the exotic securitized instruments. Nationalization may also be the only way to definitively solve the toxic asset illiquity uncertainties... not to mention exorbitant executive compensation

Once the toxic assets are completely reconciled (which will likely involve large international political and economic considerations and therefore probably best dealt with at the federal level) hopefully they can be transparently traded as public utilities.....


http://www.nytimes.com/2009/01/16/business/16banking.html?_r=2&ref=business

Rescue of Banks Hints at Nationalization

By EDMUND L. ANDREWS
Published: January 15, 2009

WASHINGTON ? Last fall, as Federal Reserve and Treasury Department officials rode to the rescue of one financial institution after another, they took great pains to avoid doing anything that smacked of nationalizing banks.

A protest Thursday against a foreclosure auction outside a Baltimore courthouse. The auction took place after the protesters left. As banks have struggled, so have customers like homeowners.

They may no longer have that luxury. With two of the nation's largest banks buckling under yet another round of huge losses, the incoming administration of Barack Obama and the Federal Reserve are suddenly dealing with banks that are "too big to fail" and yet unable to function as the sinking economy erodes their capital.

Particularly in the case of Citigroup, the losses have become so large that they make it almost mathematically impossible for the government to inject enough capital without taking a majority stake or at least squeezing out existing shareholders.

And the new ground rules laid down by Mr. Obama's top economic advisers for the second half of the $700 billion bailout fund, as explained in a letter submitted to Congress on Thursday, call for the government to play an increasing role in the major activities of the banks, from the dividends they pay to shareholders to the amount they can pay executives.


"We are down a path that this country has not seen since Andrew Jackson shut down the Second National Bank of the United States," said Gerard Cassidy, a banking analyst at RBC Capital Markets. "We are going to go back to a time when the government controlled the banking system."

The approximately $120 billion aid package on Thursday for Bank of America ? including injections of capital and absorbed losses ? as well as a $300 billion package in November for Citigroup both represented displays of financial gymnastics aimed at providing capital without appearing to take commanding equity stakes.

Treasury and Fed officials accomplished that trick by structuring the deals like insurance programs for big bundles of the banks' most toxic assets.
Instead of investing tens of billions of taxpayer dollars in exchange for preferred shares in the banks, which has been the Treasury Department's approach so far with its capital infusions, the government essentially liberated the banks from some of their most threatening assets.

The trouble with the new approach, analysts say, is that it is likely to conceal the amount of risk that taxpayers are taking on. If the government-guaranteed securities turn out to be worthless, the cost of the insurance would be much higher than if the Treasury Department had simply bailed out the banks with cash in the first place.
Christopher Whalen, a managing partner at Institutional Risk Analytics, said the approach also covers up the underlying reality that the government is already essentially the majority shareholder in Citigroup.

"There's nobody else out there to invest in them," Mr. Whalen said. "We already own them."


Ben S. Bernanke, chairman of the Federal Reserve Board, outlined the elements of what could become the Obama administration's new approach to bank rescues in a speech on Monday.

Speaking to the London School of Economics, but addressing American audiences as much as European ones, Mr. Bernanke warned that the federal government had no choice but to put more money into banks and other financial institutions if it had any hope of reviving the paralyzed credit markets.

Known officially as the Troubled Asset Relief Program, or TARP, the rescue program has infuriated lawmakers in both parties, who complain that Treasury Secretary Henry M. Paulson Jr. has doled out money to banks without demanding accountability in return. Mr. Obama and his top economic advisers convinced enough lawmakers that shoring up the banks was essential to preventing a broader financial collapse, and offered written assurances that they would address the lawmakers' biggest complaints.


But Mr. Bernanke proposed an array of alternative approaches to dealing with the banks in the months ahead, and all of those options reflected a fundamental shift from the original assumptions of the Bush administration.

Mr. Paulson had insisted that the government would be investing only in healthy banks, some of which might take over sicker rivals. The Treasury would invest taxpayer dollars in exchange for preferred shares, which would pay a regular dividend and come with warrants that would allow the government to profit from increases in company stock prices.
By contrast, Mr. Bernanke proposed various ways to fence off the troubled assets, from nonperforming loans to mortgage-backed securities that investors had stopped buying at almost any price.

Mr. Bernanke's options included guarantees for bank assets, which was at the heart of the rescue packages for Bank of America and Citigroup. Citigroup received its rescue package in November, but it is expected to report additional losses on Friday that could top $10 billion.

In both of those deals, the federal government set up a complicated arrangement that would limit the banks' losses on hundreds of billions of dollars worth of their worst assets.

Citigroup's deal in November covered $300 billion in assets. Citigroup agreed to absorb the first $29 billion in losses. The Treasury agreed to take a second round of losses up to $5 billion, and the Federal Deposit Insurance Corporation agreed to take a third round of losses of up to $10 billion. The Federal Reserve then agreed to lend Citigroup money at low interest rates for the value of the remaining assets.

As a second option, Mr. Bernanke and other Fed officials have proposed putting a bank's impaired assets into a separate new "bad bank." The effect would be much the same as providing a federal guarantee: the bank would be able to free itself from the need to set aside reserves for extra losses.

Both the idea of a government "wrap" and a government-backed "bad bank" have the virtue of protecting the bank's common stockholders from being wiped out by the government.

By contrast, the Bush administration's original approach to recapitalizing banks ? injecting capital in exchange for preferred shares with warrants to convert to common stock ? had the effect of squeezing out the common shares. That was because any losses would have to first wipe out common stockholders before the bank could stop paying dividends on preferred shares.

"One of the problems with TARP has been a result of the government not wanting to own the banks," said Fred Cannon, chief equity strategist at Keefe, Bruyette & Woods. "If you get losses, there is less common stock. What we are hopefully moving toward, to the extent that the government guarantees some of the assets, is a structure that protects common shareholders and allows the company to go out and raise common shares through the market."

But a growing number of analysts warned that the approach may be too clever, because it gives policy makers too many ways to conceal true problems at banks and true risks to taxpayers.

"What we have is a weird, shadow nationalization," said Karen Shaw Petrou, managing partner at Federal Financial Analytics, a consulting firm in Washington. "The government does not want to and should not want to own banks. But if they get forced into that situation, they should resolve that situation. Here, what you have is a huge diversified financial services industry with recognized losses and looming losses in every aspect of its operations. There's nothing straightforward about it."


Eric Dash contributed reporting.
 
Re: Nationalization of Banks

The third option here of continuing to inject capital into the banks seems like a bad idea as it does seem that clotting medicine is needed rather than blood thinner. Either nationalization or good bank/bad bank seems to get the job done by having people at the Federal govt level price out the toxic paper. Lots of people are going to be burned at this pricing and apparently about 40% of it is held by our trading partners overseas..... Hence the need for federal govt level pricing efforts.. If this can be achieved without nationalization then probably so much the better...

hattip JWB

http://www.nypost.com/seven/01252009/business/baracks_bank_bet_151972.htm

BARACK'S BANK BET
OBAMA'S ECONOMIC TEAM EYEING ITS OPTIONS
Posted: 3:09 am
January 25, 2009

The heat is on the Obama Administration.

Congressional leaders are pressing the White House to come up with a plan as soon as this week to save the banks and jumpstart the economy.

As the Obama economic team huddles this weekend in an attempt to hammer out the framework of their plan, three options have been bandied about:

* Nationalizing the banks.

* Creating a government-owned "bad bank" to take the toxic assets off of the bank's balance sheet.

* Continuing the Bush Administration rescue plan of pumping in taxpayer money on an as-needed basis.

A nationalization plan would likely wipe out all shareholder equity, including the preferred shares, and turn ownership of the banks over to Uncle Sam.

It's a long shot plan few favor - for many reasons. One, it would balloon the federal debt and, most likely, fuel a spike in inflation.

On the upside, it would stop the drip-drip-drip of asset meltdown the banks and the Treasury Dept. have been dealing with since October - with no end in sight.

"If you took a nationalization policy, you would at least create some degree of certainty because now you know the government is going to stand behind these institutions," said Kevin Jacques, 49, a former economist with the Treasury Department.

As it stands now, "it's almost like some kind of weird partial nationalization," Jacques said.

For instance, the government took management steps at both Citigroup and Bank of America when it forced the banks to slash their dividends to a penny.

Moreover, there are 318 banking institutions right now receiving government assistance to prop up their balance sheets, and 8,000 firms in the US banking industry overall.

The trillion dollar question: How many of them would fall under the nationalization plan?

The "bad bank" plan poses a difficult problem for the Feds, as they would have to carefully determine the proper price to place on the eroding assets.

Pay too much for the toxic mortgage securities and taxpayers will never be able to profit on the deal - and may even have to eat losses if mortgages don't come back to the original levels.

Pay too little and hundreds of banks will have to write down their assets, requiring them to raise even more capital.

As Treasury Secretary-designate Tim Geithner said during his confirmation hearing Wednesday, "The good bank/bad bank-type solution has been present as the solution to most financial crises around the world, and it is very important that you look carefully that they are going to be as effective in this context as they have been in some past cases," he testified before the Senate Finance Committee.

"The [pricing toxic paper] is enormously complicated to get right," Geithner said. "We want to be very careful, not just that we are using the taxpayer's money most effectively ... but also that we do these in ways where the taxpayer and the government understands the risks we're taking."

If the administration stays with former Treasury chief Hank Paulson's idea of injecting capital to prop up the bank's balance sheets, then the economy will continue to deteriorate under the current credit crunch.

"The capital injections haven't worked," said Edward Yardeni, an independent market analyst. "It's been like giving blood thinner to a patient who needs to have their wounds clotted. The bleeding hasn't stopped."

With a little over $350 billion already infused into the banking industry through TARP and countless billions through the Fed, many see the cash having little benefit for the economy. Plus, some Wall Street firms have estimated that it will take $3 trillion to right the banks.

"The size of the problem is growing faster than the banks' ability to handle it," said Joe Battipaglia, market strategist at Stifel Nicolaus.

"We're halfway through the bailout money, and the banks are in worse shape than they were six months ago."
 
Re: Nationalization of Banks

http://us1.institutionalriskanalytics.com/pub/IRAstory.asp?tag=335

To Stabilize Global Banks, First Tame Credit Default Swaps
Janury 21, 2009

"Well, the government could simply give Gotham a couple of hundred billion dollars, enough to make it solvent again. But this would, of course, be a huge gift to Gotham's current shareholders - and it would also encourage excessive risk-taking in the future. Still, the possibility of such a gift is what's now supporting Gotham's stock price. A better approach would be to do what the government did with zombie savings and loans at the end of the 1980s: it seized the defunct banks, cleaning out the shareholders. Then it transferred their bad assets to a special institution, the Resolution Trust Corporation; paid off enough of the banks' debts to make them solvent; and sold the fixed-up banks to new owners."
Paul Krugman
"Wall Street Voodoo"
The New York Times
January 18, 2009

Congratulations to President Barack Hussein Obama on assuming the Presidency of the United States. We wish you and yours Godspeed.

A long-time colleague and IRA reader who works for a mostly nationalized UK bank tells the following tale. Upon arriving at Heathrow Airport several weeks ago, he was pulled out of the line by UK immigration authorities and told to sit in a windowless interview room.� After waiting for quite a while, two plain clothes members of the UK immigration service came into the room, sat down and informed the banker that he had made a false statement on his customs declaration.

"Sir, you are not a banker as you have claimed," said one of the immigration�officers. "You are in fact an employee of Her Majesty's Government. In future, please ensure that you form is filled out correctly." And they were deadly serious.

Such is the level of public anger and outrage at the moves by the UK government to rescue the few, large players in that nation's banking sector. And there are similar political trends building in the US. Thus the need to fashion a prompt but effective response to the crisis, as none other than Nobel Laureate Paul Krugman outlines above. Simply buying and/or guaranteeing bank assets, without first passing these banks through a receivership, is pointless.� First the market value of the assets and liabilities must be put back into balance, then and only then�the banks may be recapitalized.

In our latest report to our advisory clients, we discussed the likely magnitude of the losses to hit the US banking sector in 2009. We had been pondering this issue with respect to Citigroup (NYSE:C), JPMorganChase (NYSE:JPM) and Bank of America (NYSE:BAC) for some while now, but the reports from FBR and, more recently, a draft paper from our friend Nouriel Roubini, forced us to focus on some hard numbers. Registered investment professionals who want information about IRA's confidential advisory service, please contact us directly.

The bad news is that estimates that put aggregate charge-offs for all US banks over the next 12-18 months above $1 trillion are probably in the right neighborhood. The entire banking industry only has $1.5 trillion in capital, so new equity must obviously be provided by Washington and/or private investors.� This is why the UK, US and other affected nations must soon abandon the bailout model championed by Fed Chairman Ben Bernanke and Treasury Secretary-designate Tim Geithner, and instead embrace the strategy of resolution and restructuring exemplified by Sheila Bair and her colleagues at the FDIC.

The good news is that much of that loss is going to be concentrated among the largest banks, with C accounting for as much as a quarter of the total all by itself. When you see a 40% loss rate vs. total assets for a relatively simple institutions such as IndyMac, tell us why you would not start at that level with C? Impose a conservative 30% loss rate on C's $1.3 trillion in bank assets and you have wiped out the group's $150 billion in Tier One Risk Based Capital several times over.� The common and preferred of C is toast, in our view.� Restructuring is the only rational choice for C and for Washington.� And maybe, just maybe, the C bond holders will see a modest recovery.�

Our long-time estimate of 2x 1990 loss rates for peak charge-offs in 2009 implies that the industry will reach 4% defaults and relatively riskier players like C will be much higher. In 1990-91, Citibank NA peaked around 3.5% charge-offs vs. total loans and leases, almost causing the bank to fail. Some observers believe that had regulators resolved Citibank two decades ago, we would not be facing the same type of financial crisis today.� So now the past is prologue.

But even with all of this red ink in evidence and easily projected, the magnitude of current and prospective charge-offs does not fully explain the crazy, triple-digit�volatility of the debt and equity of C and other banks, large and small.� Even the events of the past year, including the failures of Lehman and Bear, do not fully explain why financial names are behaving so erratically, this even after the US government has effectively underwritten the banks' operations. No, the reason for the continued heebie-jeebies in bank equity and debt stems from the unfinished business in the market for credit default swaps or "CDS."

As readers of The IRA know full well, the Fed of New York and the Depository Trust & Clearing Corp have been working for years to address the bank office issues facing CDS, this all the while declaring that there is nothing basically wrong with the CDS market. Strange, then, that as part of the process of rationalizing CDS contracts, nearly half of the outstanding contracts have been torn up in the past year!� This is because, dear friends, when it comes to CDS, clearing is the least of our problems.�

The tension with CDS regarding the money centers in particular and banks generally comes from several basic flaws in the ISDA model for these instruments, including the lack of a central counterparty and the issues that arise from this archaic, bilateral market structure. Most crucially, because the Fed still refuses to enforce any type of credit margin discipline over the CDS markets by raising collateral requirements to realistic levels, the short-selling pressure of C and other wounded money centers is magnified many times above the true pool of investors with hedging needs. Yesterday's trading in US bank names is a case in point.

Unlike a centralized exchange where an impartial counterparty holds the cash, the bilateral relationships in the CDS market lead to gross under-collateralization of CDS trades which are, in turn, governed by separate collateral security agreements. This leads to what one participant calls "a dirty float," where counterparties keep minimal collateral with one another and thus nobody is sure whether their contracts are money good. It is thus possible to run short positions against banks or other names and have virtually no collateral backing these trades, both for dealers and their customers.� Why should the citizens of the industrial nations tolerate the existence of this unsafe and unsound market for another moment longer?

By failing to enforce margin limits on CDS leverage while investing new capital in C, BAC and other large banks via the TARP, the Fed and Treasury are essentially trying to fill up a bucket with a hole in the bottom.� Providing new capital to wounded banks is pointless if you are going to allow the remaining street dealers to short bank stocks with impunity and virtually no collateral. To fix the systemic risk issues with the CDS market permanently and also provide a much need additional buttress to the bank rescue efforts by the Fed and Treasury, here is what we would suggest.

First, the Fed and Treasury should prohibit the writing of new CDS on any financial institutions that is participating in the TARP.� Instead, the Fed and Treasury should interpose themselves as counterparties for these names, writing CDS for any and all counterparties and capturing the revenue for the US�Treasury. This change can be accomplished unilaterally, without notice or Congressional authority, pursuant to the safety and soundness provisions of 12CFR.� After all, since the government is already effectively backing the liabilities of these insolvent firms, the taxpayer has first claim on any insurance premiums written against such public support. It is absurd for the government to allow private speculators to profit by trading against public-guaranteed liabilities of banks that participate in the TARP. Unfortunately, Chairman Bernanke and his colleagues at the Fed are still not willing (or able politically) to enforce prudential rules on the CDS casino.

Second, the Fed and Treasury, via legislation if necessary, should propose changes to the legal configuration of the CDS contract that will take it away from the OTC FX/interest rate model used by ISDA over the past decade or more.� Regulators should require that CDS contracts be exchange traded, but with collateral and delivery requirements that mirror not the cash settlement world of OTC FX and interest rate OTC contacts, but instead based�on the basic model of�the exchange traded world of physical commodities, but priced based upon the�risk measures used in the�insurance industry.


While it is entirely appropriate for exchange traded instruments like the S&P 500, Eurodollar futures, or OTC interest rate swap and currency contracts to settle in cash, allowing cash settlement in CDS has opened a Pandora's Box for bank managers and investors, who must manage both the market and credit risk of dealing in these contracts as de facto central counterparty, while at the same time being attacked by their clients who are shorting the bank's equity and debt!� Remember, a speculator�must only agree to pay for CDS based upon the short-term yields on the underlying bonds -- a price that does not even begin to approximate the true cost of�funding�a short put position in the underlying basis upon�default.

When traders use CDS to build short positions on C, BAC and JPM as part of equity volatility trades and similar short-term strategies, they are increasing the cost of the TARP bailout to the taxpayer while at the same time adding to the overall instability of the financial system.
As we've said before, if there were nothing wrong with the basic model for CDS, then there would be no need for the industry to have torn up�$30 trillion in notional amount of contracts during the past year!

The basic model for a CDS contract does not really fit the needs of investors or the real economy, who are in the most simplistic terms looking for a practical way to hedge an illiquid corporate bond. Unfortunately, most corporate bonds cannot be borrowed in the securities lending market, WHICH MEANS THAT THERE IS NO TRUE CASH BASIS FOR SINGLE NAME CDS.� Faced with this issue,�the happy squirrels at ISDA came up with cash settlement as a way to ensure the astronomical growth of CDS - never realizing that in so doing, they were also magnifying the overall level of risk in the global financial system many times over and above�the actual "basis," represented by the bonds specified in each CDS contract.

CDS are a great tool for playing/managing volatility in time of low or no defaults. In the period 2002-2007, when the CDS market was growing many times faster than the underlying real economy and corporate default rates were virtually zero due to the plenitude of credit, using CDS to trade volatility produced huge paper profits to dealers.� But now that all types of default rates are rising and credit spreads are widening, the cost to the system of a CDS contract -- which requires the seller to fund the par value of the underlying security, less recovery value -- is a dead weight around the neck of the global financial system.

As we've noted before, CDS contacts are high-beta risk, that is, highly correlated with the broad financial markets. Unlike natural disasters and other low-beat risks, where the frequency of events is relatively low and uncorrelated to the financial markets, in CDS the high degree of market correlation ensures that most or all of a portfolio of single-name CDS contracts will deteriorate when economic conditions turn negative. There is no way to hedge such risk because it is entirely correlated to the broad�market -- unless you happen to be a conservative P&C underwriter!� The yield spread on a bond represents the current cost of renting money for a year, but it does not begin to describe the cost of refunding the entire security upon default!

What a shame the folks at American International Group (NYSE:AIG) forgot the�centuries of experience that the insurance industry has with managing different types of risk. The widening sinkhole around�AIG provides a case in point of what happens when a low-beta and high-beta portfolio are mixed without adequate capital and, more important, an understanding of the full downside funding risk.� Recall�that in the traditional, low beta world of P&C insurance, the assumption is that most coverage will never result in claims. In a broad portfolio of single-name CDS during a recession, by comparison,�the assumption must be just the opposite.�

As corporate defaults rise and recovery rates fall, the net funding required to perform on single name CDS must approach 100% of par.� In such an event, the exercise of extant CDS contracts�could theoretically�consume all of the capital in the global banking system, several times over.� How is this good public policy?���Indeed, viewed from an actuarial perspective, the world of CDS makes no sense at all.� In order for premiums to be high enough to make a high-beta portfolio of CDS contracts profitable in an economic sense, a new pricing methodology based upon true, medium-term default risk need be developed - but such a framework would be very expensive and might not be practical to implement.

So what is the solution? So us, the Fed and Treasury must immediately�force the CDS market onto exchanges and go back to the pre-Delphi bankruptcy model to require physical delivery of the underlying bonds in order for purchasers of protection to collect their insurance payments. The Fed should also reinstate higher margin requirement for all securities and include CDS in a newly reformed margin regime. On single name CDS, the margin requirements for sellers of protection should approximate roughly 50% of the amount of the net�exposure, roughly half the estimated recovery value less par. By imposing this Draconian requirement, the doubts as to funding of CDS and the related market fear, will disappear.� Admittedly, these changes will have the effect of driving most or all of the speculative players out of the CDS market and make it a hedge-only market, but frankly there are many more liquid�alternatives for traders, including exchange traded futures and options, to use to support�volatility strategies, including short-sales of bank stocks.� Allowing cash settlement CDS contracts to continue to exist and trade in their current form seems to be contrary to all of the efforts currently underway to stabilize the global financial system.

Unless and until Chairman Bernanke and the other regulator are willing to tame the CDS tiger, there will be no success in bringing stability to the US banking system or foreign banking markets. And the longer Bernanke & Co refuse to say an emphatic "no" to Goldman Sachs (NYSE:GS), JPMorganChase (NYSE:JPM) and the other CDS dealers, the financial crisis affecting global banking institutions will continue to worsen.� Making this change may force GS and other dealers into mergers or liquidations, but such is the cost of reform. The US economy can live without the major Sell Side dealer firms, but we cannot survive without commercial banks, insurance companies and commercial companies, all of which are targets for the CDS Mafia and the unlimited leverage that they use as weapons against us all to generate speculative gains.� We have the power to fix this aspect of the financial crisis immediately, but do our leaders have the courage and the vision to close down this reckless, speculative market before it destroys what remains of our economy?

Questions? Comments? info@institutionalriskanalytics.com
 
Re: Nationalization of Banks

Summary:
#3:
"Providing new capital to wounded banks is pointless if you are going to allow the remaining street dealers to short bank stocks with impunity and virtually no collateral."
#1:
""The government does not want to and should not want to own banks. But if they get forced into that situation, they should resolve that situation."


The crashed banks were repumped with budget money which in fact belongs initialy to the budget taxpayers, so the gov can redistribute fractions of the owning rights on such banks back to the individual taxpayers ... ;)
 
Re: Nationalization of Banks

:confused: My eyes are crossing.........

I think we should just make credit default swaps illegal.

If you want to invest - then invest. Take the gambling out of it.
 
Re: Nationalization of Banks

:confused: My eyes are crossing.........

I think we should just make credit default swaps illegal.

If you want to invest - then invest. Take the gambling out of it.
Hello Florida1.

I suppose that the crossing eyes were for my comment in #4,

no I don't want to invest.

I had pointed the situation from the begining of this thread:
"#1:
""The government does not want to and should not want to own banks.""
from:
"Rescue of Banks Hints at Nationalization
By EDMUND L. ANDREWS
Published: January 15, 2009 "

where the above writer wroted an sentence of an un-willingness of gov.s to own banks.

My ironical answer was: if the gov. don't want to own, than it must be owned by the ones which is the money invested to be pumped into the banks ...

Yes, I must put at the end of the sentence the sarcastic :rolleyes: smile, not the wink one.

#4: "... crashed banks were repumped with budget money which in fact belongs initialy to the budget taxpayers"

So, an alternative to gov. owning:
"redistribute fractions of the owning rights on such banks back to the individual taxpayers" :rolleyes:
 
Re: Nationalization of Banks

I don't know about Florida1's eyes, but mine were crossing from reading and trying to understand these lengthy/complicated articles. I almost posted: "Could we have a summary?" :D

Do we even know just how much "failure" these banks are suffering? IIrc, it was said AIG's financial situation was so complicated it would take years to straighten out. Who and how was it decided how much to loan them?

Since I've only dealt in mortgages and not the stock market, I had a very simplistic idea of how the lenders did business.

What a business does with their own profits should be left up to them. If they want to buy CDS, that's their option; just do not spend other peoples' money when they decide to gamble.

"redistribute fractions of the owning rights on such banks back to the individual taxpayers"
I like this idea.
 
Re: Nationalization of Banks

Some points from the Roubini interview below....

Job losses to continue through 2009-2010
Will need Tarp 2,3,4
Nationalization of banks only practical way to go to get them cleaned up and then sell back to the private sector in 2-3yrs..
When asked if he saw any value anywhere in the world.. long silence... probably cash and corporate bonds...


Bloomberg Audio/Video Report, Jan 27, 2009
Nouriel Roubini Sees Negative Growth Remaining Through 2009
Link: http://www.bloomberg.com/apps/news?pid=newsarchive&sid=ao5mihirSB1Y
 
Re: Nationalization of Banks

http://www.ft.com/cms/s/0/e4a8870a-f2dc-11dd-abe6-0000779fd2ac.html

Insight: How Wall Street scammed the Chinese banks
By Janet Tavakoli
Published: February 4 2009 17:10 | Last updated: February 4 2009 17:10

When Washington passed out hundreds of billions in bail-out funds in September 2008, it said it could worry about the cause of the meltdown later. This allowed lack of trust in the US financial system to fester.

More recently, the Obama administration turned up the rhetoric against China by saying it believed the country was "manipulating" its currency. The president also wants to see a Chinese stimulus package.

The US needs China to hold the US Treasury and agency debt it owns and, more importantly, to keep buying new US debt. So if Washington wants to ease tensions and keep its borrowing options open, it should look to Wall Street.

Did Washington think it could allow US investment banks to carpet-bomb Asia with financial mini-bombs and escape the fallout?

In Hong Kong alone, $2bn of Lehman's principal-destroying mini-bonds were sold. Most US investment banks joined in the insanity. Investors ? including officers at nosebleed-high levels in Japan, Macao, Hong Kong, Singapore, and mainland China ? have been burned as their triple-A investments were wiped out.

George Soros in his recent Financial Times article was correct that credit derivatives created issues, but he missed the most glaring problem. US investment banks were not the victims of bear raids; they were fundamentally unsound. Investment banks and hedge funds turned financial risk into financial crack with leverage. The risky overrated debt had no upside and lots of downside. Leverage in the form of massive borrowing and credit derivatives made the fall swift, painful and often fatal for equity investors in investment banks and hedge funds.

Pundits trying to inflate their own bubbles of self-credit put the blame on unsound models. But such fools for randomness are a distraction from the key issue: malfeasance.

Financiers and structured finance professionals were aware of the negative potential of risky loans. Yet they took it even further. The risky tranches ? those that any investment banker worth their salt knew were write-offs ? were used to create other packages that their buddies "managed" in one fund, while shorting in their hedge funds.


The problem was not the models' failure to capture probability outliers but the industry's failure to rein in the liars.

Sophisticated investors with structured finance expertise (bond insurers, bank portfolios, large pension funds) became willing victims by failing to perform basic due diligence.

But there were genuine victims: naive homeowners who were misled into risky mortgage loans and retail investors who were missold risky mislabelled products.

The biggest victim has been the global financial system, and we are all suffering the effects of mischief that remains unchecked. There is no innocent explanation for many of the securitised bonds made and sold by investment banks. They were a conduit for shifting losses.


There were no black swans or swans of any colour involved. Like Black Bart, the 19th-century Californian stage coach robber, Wall Street bankers made off with the loot without firing a shot. They were enabled by Washington overseers and financial regulators who ? when not beneficiaries of the good times ? behaved like ostriches.

Meanwhile, news of the fact that no one in the US has been brought to justice has not escaped notice. It is possible that Chinese banks are being less co-operative with the US because Wall Street scammed them.


There is hope, but the only way out of this is a return to sound financial principles, which will include cleaning up our mess.

At the Davos conference, Jamie Dimon, JPMorgan chief executive, sounded like Warren Buffett or Charlie Munger (or Janet Tavakoli) when he remarked: "Some really stupid things were done by American banks and American investment banks. To policymakers, I say: Where were they?"

Janet Tavakoli is president of Chicago-based Tavakoli Structured Finance. Her book Dear Mr Buffett: What an Investor Learns 1,269 Miles from Wall Street about the global financial meltdown is published this year
 
Re: Nationalization of Banks

http://emac.blogs.foxbusiness.com/2009/02/02/crackdown-on-wall-street-the-perp-walks-are-coming/

Crackdown on Wall Street: The Perp Walks Are Coming
By Elizabeth MacDonald

First of a series on the Crackdown on Wall Street

With the economy in a national nervous breakdown, with global losses mounting into the trillions of dollars, a top Wall Street executive in an interview echoes the Street's water cooler talk when he asks:
"Where are the smartest guys in the room being hauled off in handcuffs?"

Specifically, executives say the markets have only seen high-profile perp walks in two cases, the two Bear Stearns hedge fund managers charged with securities fraud, and the two Credit Suisse brokers also charged with securities fraud in selling auction rate securities linked to subprime loans.


"We saw more executives hauled off at about this time during the accounting scandals [earlier this decade], WorldCom's Bernie Ebbers, Enron's [Ken] Lay and [Jeffrey] Skilling, Tyco's Dennis Kozlowski," one investor complains, in what's likely an overstatement.

But top law enforcement officials have news for the markets.

The perp walks are coming?in fact expect 2009 to be a bonanza year for arrests, a Justice Dept. official says. Law enforcement officials say the bursting of the world's biggest bubble has created a very crowded scene of the crime.

Reason for the delay: X-raying the bursting of the world's biggest bubble in order to find out who to charge has proven to be devilishly more complex, more variegated, and involve bigger sums than ever before, says David Cardona, 52, head of the FBI's criminal division in New York City, in an interview.

What should send a chill up Wall Street's spine is the fact that the FBI is "looking at all market participants from top to bottom who helped construct" potentially fraudulent loans and asset-backed securities, wherever the evidence leads the agents, says Cardona, a veteran agent widely respected in the bureau for being a smart, savvy straight-shooter.


(Though given the massive Wall Street layoffs and the empty offices, the probes could prove to be a chill looking for a spine to shiver up, to quote former South Africa official Helen Suzman).
Will These Frauds Escape?

However, interviews with Wall Street executives show a deep concern that the biggest frauds of all may escape?not predatory loans, but predatory securitizations.

It's the predatory securitizations that are the most complicated, with agents expert in terrorist and al Qaeda financing now working these cases. Cardona notes that the FBI has fully staffed both these investigation areas, adding that terrorism remains the worst threat to the US economy, with white collar frauds second.

Cardona, who came to the FBI's New York office in May 2007 after running the bureau's Miami office, is now riding herd on 400 agents who, overall, handle criminal cases.

Terrorist financing agents are well-equipped and needed on fraudulent securitizations more than ever.

That's because tracking the purblind pools in securitization financing is similar to prowling through hawala financing, where money changes hands through an anonymous money transfer network in the usury-forbidden world of Muslim finance throughout the Middle East, Africa and Asia.

Fallout Grows
The International Monetary Fund now says the cost of this bubble potentially surmounts $2.2 tn, with financial companies the world over taking $975 bn in profit hits to date.

The $305 bn in profits earned by the top nine investment banks over the last three years has been easily vaporized by $323 bn in writedowns taken over the last year or so.

Top executives including Countrywide Financial's Angelo Mozilo, former Merrill Lynch's E. Stanley O'Neal, Citigroup's Robert Rubin, Citigroup's Charles O. Prince, all have walked out the door with lavish compensation packages built on fake profits earned during the bubble years.

Meanwhile, the bubble has caused the US to launch an estimated $8.4 tn in new facilities to deal with the crisis. That includes the Federal Reserve's credit facilities, and the US Treasury its $700 bn TARP program, with to date 355 banks getting TARP funding, including seven private banks.

It also includes the guarantees the US government has now given in the way of backstops to $427 bn in bad assets at places like Bank of America, Citigroup and American International Group. And the Federal Reserve, now the world's largest junk investor, has taken on about $81.5 bn in bad securities from Bear Stearns and AIG on its own books.

Also, the US government is set to debut an enormous $819 bn fiscal spending package to rescue the US economy from potentially the deepest downturn since the Great Depression.
And the US government may now set up a mega Bad Bank, a colossal dumpster, for the bad bank assets backed by subprime loans sliced and diced in Wall Street's CDO deli machine.

The mortgage-backed bonds that were really only so much baloney, despite being rubberstamped by the credit rating agencies as triple-A, credit ratings agencies called the market's "astrologers" by Janet Tavakoli, the structured finance specialist and author of "Dear Mr. Buffett: What An Investor Learns 1,269 Miles From Wall Street" (2009).

Ironically, Wall Street's compulsive financial engineering was supposed to limit the risk of financial contagion, but it didn't work as the subprime crisis went viral and sickened all asset classes around the world.

Now some Justice Dept. officials fear that the federal bailout of the financial industry "may itself become a problem because it contains inadequate controls to deter fraud," a top official warns.

The Perp Walks Are Coming
With the markets complacent for more than eight years, "what is happening now is the equivalent of turning the lights on in the kitchen and finding an avalanche of cockroaches," says a Wall Street executive.

The magnitude of the bubble means the fraud cases are more sweeping than ever, from the small-bore mortgage loan frauds, or "white collar street crimes" as former Attorney General Michael Mukasey calls them, to Ponzi scams to hedge fund investigations to accounting frauds to structured finance and derivatives frauds.

The last are "very complicated," the "most complicated I've ever personally seen," says the FBI's Cardona in an interview.


Overall, FBI Director Robert Mueller has testified that the FBI has already launched 24 investigations into major Wall Street firms and investment banks, including Bear Stearns, Credit Suisse, Fannie Mae, Freddie Mac, Lehman Brothers, and American International Group. The number is thought to have since grown to 26.

Just the FBI mortgage loan fraud caseload alone has more than doubled in three years, to about 1,700. About 200 FBI agents are assigned to these cases, up from 120 a year ago. The Securities & Exchange Commission has more than 50 pending civil investigations in the subprime area.

Meanwhile, Ponzi scams are surfacing fast and furiously, beyond the alleged $50 bn scam run by Bernard Madoff, as well as the three alleged Ponzi schemes run by Arthur Nadel, Nicholas Cosmo and Joseph Forte. "It's only natural," the FBI's Cardona says, that with the bursting of the biggest bubble the world has ever seen, for the markets to now see a wave of Ponzi scams.

The SEC brought at least 23 Ponzi cases last year, up from 15 in 2007, with four already in the month of January alone.

The Commodity Futures Trading Commission prosecuted 15 Ponzi schemes in 2008 and expects that number to increase this year. And hedge funds remain squarely in the bulls' eye.

The Hardest to Catch of All
But when it comes to potentially the most pervasive frauds of all, it could take years to catch all of the crooks, officials say.

Not predatory lending, but predatory securitizations.


Namely, the asset-backed bonds cooked up in Wall Street's "financial meth labs," structured finance expert Tavakoli notes in her new book, its byzantine CDO factories that pumped out bad bonds that have melted down savings accounts world wide and are just pure "hot molten evil," as one investor calls them.

"It seems to me that some investment banks knowingly participated in predatory securitizations," says Tavakoli in her book.

But although these securitizations are as transparent as a bucket of molasses, Wall Street executives who have worked on these deals and demand anonymity say there might be a way to catch the bad guys behind them.

Next: Catching the Perps
 
Re: Nationalization of Banks

hattip Rickk

http://www.cnn.com/2009/CRIME/02/20/bank.of.america.subpoena/index.html

Bank of America's CEO is subpoenaed

New York State Attorney General's Office issues the subpoena

It's investigating whether Bank of America withheld information from investors

Bank purchased Merrill Lynch, which is accused of secretly doling out huge bonuses


Bank says Merrill was "independent company" when the bonuses were given

(CNN) -- Bank of America CEO and Chairman Kenneth Lewis has been issued a subpoena by the New York State Attorney General's Office, which is investigating whether the bank violated state law by withholding information from investors, a source familiar with the investigation told CNN.

Kenneth Lewis is the CEO and chairman of Bank of America, the nation's largest bank.

Attorney General Andrew Cuomo has been highly critical of Wall Street firms in general and Merrill Lynch in particular for the way they have conducted themselves in the midst of a financial crisis.

Last week, he accused Merrill Lynch, which was acquired by Bank of America late last year, of secretly doling out big bonuses before reporting a huge quarterly loss.

"Merrill Lynch's decision to secretly and prematurely award approximately $3.6 billion in bonuses, and Bank of America's apparent complicity in it, raise serious and disturbing questions,"
Cuomo wrote in a letter to Rep. Barney Frank, D-Massachusetts, chairman of the House Committee on Financial Services.

In his letter to Frank, Cuomo said Merrill gave bonuses of at least $1 million each to 696 employees, with a combined $121 million going to the top four recipients. The next four recipients were awarded a total of $62 million, and the next six received $66 million, he said. In all, the bonuses for 2008 totaled $3.6 billion.

"While more than 39,000 Merrill employees received bonuses from the pool, the vast majority of these funds were disproportionately distributed to a small number of individuals," Cuomo wrote. "Indeed, Merrill chose to make millionaires out of a select group of 700 employees."

The attorney general said Merrill "awarded an even smaller group of top executives what can only be described as gigantic bonuses."

Cuomo also claimed Merrill handed out the bonuses ahead of its federally funded acquisition by Bank of America, which was announced in mid-September and closed by year's end.

It "appears that, instead of disclosing their bonus plans in a transparent way as requested by my office, Merrill Lynch secretly moved up the planned date to allocate bonuses and then richly rewarded their failed executives," Cuomo wrote.

Bank of America has received $45 billion in federal bailout money, including $20 billion to support its takeover of Merrill. Bank of America reported a net loss of $1.79 billion for the fourth quarter. Merrill reported a net loss of $15.31 billion for the fourth quarter.


Bank of America spokesman Scott Silvestri that Merrill was "an independent company" when the bonuses were awarded.

"Bank of America did urge the bonuses be reduced, including those at the high end," Silvestri wrote. "Although we had a right of consultation, it was their ultimate decision to make."
Silvestri said the top executives for Bank of America "took no incentive compensation for 2008," with an 80 percent reduction for the "next level" of executives.

Top executives from Bank of America -- as well as Bank of New York Mellon, Citigroup, Goldman Sachs, JPMorgan Chase, Morgan Stanley, State Street and Wells Fargo -- appeared before the Financial Services Committee last week to explain how they spent the $165 billion they received from the government's Troubled Asset Relief Program, or TARP.

In the testimony, Lewis said he received no bonus for 2008 and was paid a salary of $1.5 million.

Bank of America's stock, which traded higher than $40 a share in the past year, closed at a fresh 52-week low of $3.93 a share Thursday. It's the largest bank in terms of assets in the United States and is headquartered in Charlotte, North Carolina.
 
Re: Nationalization of Banks

thanks Rickk and Kent -

"While more than 39,000 Merrill employees received bonuses from the pool, the vast majority of these funds were disproportionately distributed to a small number of individuals," Cuomo wrote. "Indeed, Merrill chose to make millionaires out of a select group of 700 employees."

The attorney general said Merrill "awarded an even smaller group of top executives what can only be described as gigantic bonuses."


What a huge disconnect from reality this is! Greed run rampant.

While Merrill and Bank of America value was plummeting, these employees became enriched.

Just unbelievable.....
 
Re: Nationalization of Banks

http://www.financialweek.com/apps/pbcs.dll/article?AID=/20090223/REG/902209973/1023/OTHERVIEWS

Rx for U.S. banks: Made in China?
The road to restructuring Citigroup and Bank of America may run through Beijing


By Ronald Fink
February 23, 2009 12:01 AM ET

(Bloomberg) The United States? reliance on China to finance its trade and budget deficits may be complicating the resolution of the banking crisis, some analysts say.

Although it is impossible to prove their contention based on publicly available data, these analysts suspect that China?s holdings of the debt of banks such as Citigroup and Bank of America are one reason the Obama Administration is hesitating to take over those banks and restructure them with taxpayer assistance.

Although an increasing number of experts contend temporary nationalization followed by a spin-off of the banks? good assets to private investors would be the most effective way to resolve their financial woes, that would wipe out the value of current shareholders? holdings. What?s more, nationalization would force bondholders to take a substantial hit.

The U.S. government, these analysts say, is simply unwilling to subject Chinese financial institutions to such losses, particularly at a time when Uncle Sam needs these overseas lenders to finance America?s growing deficits through Treasury bond purchases. While China needs these purchases to hedge its exposure to the dollar as a result of its reliance on exports, Beijing has been shifting its capital investment priorities from exports to domestic infrastructure?not surprising given U.S. imports have fallen during the recession.

Yet China?s sudden exit from Treasuries would raise interest rates at a time when low ones are required to help rescue the struggling U.S. economy.

In an interview last week with Henry Blodget on the investment blog Tech Ticker, analyst Christopher Whalen of Institutional Risk Analytics said that investors he had spoken with were concerned that China?s portfolio of U.S. bank debt was holding back the administration from taking the most effective steps to deal with banks such as Citi and B of A.

In January of last year, China?s leaders refused to back an equity stake taken by its development bank in Citi. You can?t blame them for being gun shy. The securities unit at Citic (the i-bank formerly known as China International Trust and Investment Company) bet $1 billion on Bear Stearns, while sovereign wealth fund China Investment Corporation bought into the Blackstone Group?s IPO. Neither investment exactly lit up the tote board.

But the Chinese central bank, the People?s Bank of China, likely has sizeable holdings of the debt of Citigroup and others, as might the country?s state-owned banks. While the exact extent of those holdings is impossible to determine, economists have come up with rough estimates based on the Treasury Department?s monthly Treasury International Capital report.

Rachel Ziemba, an analyst for RGE Monitor, estimates that China?s banks and investment funds held at least $77 billion in U.S. corporate debt as of December, based on her analysis of the TIC report released last Tuesday. She could not say how much of that might be the debt of U.S. banks, but noted in an email to Financial Week that her ?very conservative? estimate of China?s total U.S. corporate debt holdings is likely to be greatly underestimated because those securities are held by non U.S.-based custodians.

Hence, Ms. Ziemba said the actual figure was likely to be closer to $160 billion.

She added that those figures were likely to include a large amount of debt as well as asset-backed securities issued by banks such as Citi and B of A. ?I would assume that there is significant exposure to bank debt, and that could pose an obstacle to resolving the bank liabilities,? Ms. Ziemba wrote.

She cautioned, however, that Chinese investment policy was far more likely to be influenced by issues such as the U.S. government?s response to the recession here and its level of support for the dollar.

Nevertheless, China shifted a huge amount of debt issued by Fannie Mae and Freddie Mac into Treasuries after those institutions ran into trouble because of rising U.S. mortgage defaults. That exodus was followed in September by the takeover of those government sponsored enterprises by the Treasury.

Brad Setser, a fellow at the Council of Foreign Relations who also closely monitors the TIC report, told Financial Week that sovereign fund China Investment Corp. experienced large losses as a result of its investments in the Reserve Primary money market fund, which held a sizeable amount of paper issued by Leman Brothers before it failed last September.

And Mr. Setser noted that based on that experience, he wouldn?t be surprised if China were trying to reduce its exposure to the debt of Citi and B of A. ?Post Lehman, post [Fannie and Freddie], it seems like China is shifting back into Treasuries quite quickly,? he wrote.

So if the scenario that played out at Fannie and Freddie scenario is any indication, the Obama administration may be waiting for China to reduce its exposure to the debt of the latest U.S. financial institutions found lying near death?s door before it nationalizes them.

Mr. Whalen has recently said he expects Uncle Sam to step in soon after the banks report results for this year?s first quarter.

Needles to say, he?s not expecting banner results.



Write to Ronald Fink at rfink@financialweek.com. Or write to the editors at fw_editor@financialweek.com.
 
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