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The Big Bank Fix

kent nickell

Well-known member
Joseph Stiglitz makes similar claims in his excellent new book 'Freefall' that financial institutiions investments in our political system are paying off well... excerpt from the book.. ""They got their initial returns through the deregulation movement. They had reaped even better returns through massive government bailouts. They hope, I am sure, to reap still more returns from these "investments' (otherwise read political contributions) in preventing a return to regulation.""

http://www.project-syndicate.org/commentary/skidelsky26/English

Robert Skidelsky

The Big Bank Fix

2010-02-19

LONDON ? Two alternative approaches dominate current discussions about banking reform: break-up and regulation. The debate goes back to the early days of US President Franklin D. Roosevelt?s ?New Deal,? which pitted ?trust-busters? against regulators.

In banking, the trust-busters won the day with the Glass-Steagall Act of 1933, which divorced commercial banking from investment banking and guaranteed bank deposits. With the gradual dismantling of Glass-Steagall, and its final repeal in 1999, bankers triumphed over both the busters and the regulators, while maintaining deposit insurance for the commercial banks. It was this largely unregulated system that came crashing down in 2008, with global repercussions.

At the core of preventing another banking crash is solving the problem of moral hazard ? the likelihood that a risk-taker who is insured against loss will take more risks. In most countries, if a bank in which I place my money goes bust, the government, not the bank, compensates me. Additionally, the central bank acts as ?lender of last resort? to commercial banks considered ?too big to fail.? As a result, banks enjoying deposit insurance and access to central bank funds are free to gamble with their depositors? money; they are ?banks with casinos attached to them? in the words of John Kay.

The danger unleashed by sweeping away the Glass-Steagall barrier to moral hazard became clear after Lehman Brothers was allowed to fail in September 2008. Bail-out facilities were then extended ad hoc to investment banks, mortgage providers, and big insurers like AIG, protecting managers, creditors, and stock-holders against loss. (Goldman Sachs became eligible for subsidized Fed loans by turning itself into a holding company). The main part of the banking system was able to take risks without having to foot the bill for failure. Public anger apart, such a system is untenable.

Premature rejection of bank nationalization has left us with the same two alternatives as in 1933: break-up or regulation. Taking his cue from Paul Volcker, a former chairman of the US Federal Reserve, President Barack Obama has proposed a modern form of Glass-Steagall.

Under the Obama-Volcker proposals, commercial banks would be forbidden to engage in proprietary trading ? trading on their own account ? and from owning hedge funds and private-equity firms. Moreover, they would be limited in their holding of derivative instruments, and Obama has suggested that no commercial bank should hold more than 10% of national deposits. The main idea is to reduce the risks that can be taken by any financial institution that is backed by the federal government.

The alternative regulatory approach, promoted by Nobel Laureate Paul Krugman and the chairman of Britain?s Financial Service Authority, Adair Turner, seeks to use regulation to limit risk-taking without changing the structure of the banking system. A new portfolio of regulations would increase banks? capital requirements, limit the debt that they could take on, and establish a Consumer Financial Protection Agency to protect na?ve borrowers against predatory lending.

This is not an either-or matter. In testimony to the Senate Banking Committee in early February, MIT?s Simon Johnson endorsed the Volcker approach, but also favored strengthening commercial banks? capital ratios ?dramatically? ? from about 7% to 25% ? and improving bankruptcy procedures through a ?living will,? which would freeze some assets, but not others.

Many details of the Obama package are unlikely to survive (if, indeed, the plan itself does). But there are powerful arguments against the principles of his approach. Critics point out that ?plain old bad lending? by the commercial banks accounted for 90% of banks? losses. The classic case is Britain?s Royal Bank of Scotland, which is not an investment bank.

The commercial banks? main losses were incurred in the residential and commercial housing market. The remedy here is not to break up the banks, but to limit bank loans to this sector ? say, by forcing them to hold a certain proportion of mortgages on their books, and by increasing the capital that needs to be held against loans for commercial real estate.

Moreover, many countries with integrated banking systems did not have to bail out any of their financial institutions. Canada?s banks were not too big to fail ? just too boring to fail. There is nothing in Canada to rival the power of Wall Street or the City of London. This enabled the government to swim against the tide of financial innovation and de-regulation. It is countries like the US and Britain, with politically dominant financial sectors competing to take over financial leadership of the world, that suffered the heaviest losses.

This is the point that the well-intentioned regulators miss. At root, the battle between the two approaches is a question of power, not of technical financial economics. As Johnson pointed out in his Congressional testimony, ?solutions that depend on smarter, better regulatory supervision and corrective action ignore the political constraint on regulation and the political power of big banks.?


Such proposed solutions assume that regulators will be able to identify excess risks, prevent banks from manipulating the regulations, resist political pressure to leave the banks alone, and impose controversial corrective measures ?that will be too complicated to defend in public.? They also assume that governments will have to the courage to back them as their opponents accuse them of socialism and crimes against freedom, innovation, dynamism, and so on. In fact, this chorus of abuse has already started, led by Goldman Sachs Chairman Lloyd Blankfein.

There is another interesting parallel with the New Deal. Roosevelt got the Glass-Steagall Act through Congress within a hundred days of his inauguration. Obama has waited over a year to suggest his bank reform, and it is unlikely to pass. This is not just because the banking crisis in 1933 was greater than today?s crisis; it is because much more powerful financial lobbies now stand between pen and policy. If reformers are to win, they must be prepared to fight the world?s most powerful vested interest.

--------------------

AUTHOR INFO
Robert Skidelsky

Robert Skidelsky, a member of the British House of Lords, is Professor emeritus of political economy at Warwick University, author of a prize-winning biography of the economist John Maynard Keynes, and a board member of the Moscow School of Political Studies.
 
Re: The Big Bank Fix

It seems that these derivatives can be set up almost anyway you want and are generally very heavily weighted in favor of whoever wrote them. (similar to going into a storefront office to get an upfront payment for your paycheck). Even if you are one of the few people who actually understand the mechanics of a synthetic CDO squared you would still have to wade through pages of 'qualifications' on the contract. Such as this contract is null and void if this happens or if this particular interest rate or currency exchange rate changes then the payout schedule will change to this etc. Goldman was expert at these sorts of derivatives which were essentially complex ways of disguising and manipulating cash flows..

Joseph Stiglitz in his new book 'Freefall' gets into some of this. Relative to mortgages he sees the financial industry as using these sorts of tools to generate large short term profits for themselves. Low interest rates and lots of money comiing from China put a lot of liquidity into the system. This could have been used wisely to set up various sustainable mortgage programs to get people into responsible mortgages with various techniques to protect against foreclosure and other more socially responsible investments. Instead the financial institutions engaged in designing these complex tools to engage in predatory lending. They generated high fees by originating tons of bad loans, securitized them in ways few people understood, managed to secure top ratings and then passed them on to investors who were largely unaware and also didn't really care to do due diligence on the original quality of the loans. And then other types of derivatives, credit debt swaps, were used to place bets on all of this...



http://www.bloomberg.com/apps/news?pid=20601208&sid=asBNXSLtlN9E

Goldman Sachs, Greece Didn?t Disclose Swap Contract

By Elisa Martinuzzi

Feb. 17 (Bloomberg) -- Goldman Sachs Group Inc. managed $15 billion of bond sales for Greece after arranging a currency swap that allowed the government to hide the extent of its deficit.

No mention was made of the swap in sales documents for the securities in at least six of the 10 sales the bank arranged for Greece since the transaction, according to a review of the prospectuses by Bloomberg. The New York-based firm helped Greece raise $1 billion of off-balance-sheet funding in 2002 through the swap, which European Union regulators said they knew nothing about until recent days.

Failing to disclose the swap may have allowed Goldman, a co-lead manager on many of the sales, other underwriters and Greece to get a better price for the securities, said Bill Blain, co-head of fixed income at Matrix Corporate Capital LLP, a London-based broker and fund manager.

?The price of bonds should reflect the reality of Greece?s finances,? Blain said. ?If a bank was selling them to investors on the basis of publicly available information, and they were aware that information was incorrect, then investors have been fooled.?

Michael DuVally, a spokesman at Goldman Sachs in New York, declined to comment.

Legal ?At the Time?

Goldman Sachs, Wall Street?s most profitable securities firm, is being criticized by European politicians including Germany?s ruling Christian Democrats, who have questioned whether the firm helped Greece hide its deficit to comply with the currency?s membership criteria. Greece is also being faulted by fellow euro-region countries for failing to disclose the swaps to EU regulators.

German Chancellor Angela Merkel said today it?s a ?scandal? if banks are found to have helped Greece conceal its budget deficit. The country ?falsified statistics for years,? she said in her speech to a party rally.


The swaps used by Greece to manage debt were ?at the time legal,? Greek Finance Minister George Papaconstantinou said on Feb. 15. The government doesn?t use the swaps now, he said.

Eurostat, the EU?s statistics office, this week ordered Greece to hand over information on the swaps transactions by the end of this week in an investigation that may extend to other EU countries.

Goldman Sachs earned about $24 million underwriting Greek government bonds since 2002,
data compiled by Bloomberg show. Goldman Sachs underwrote 10 bond sales. Prospectuses for six of them, obtained by Bloomberg, contain no mention of the swaps. The other four couldn?t be obtained.

?Fear the Worst?

Freshfields was the legal adviser to the managers of the six bond sales. Spokesman Christian Marroni didn?t have an immediate comment.

The yield on Greek 10-year government bonds jumped to as much as 7.2 percent on Jan. 28 amid the worst crisis in the euro?s 11-year history. The premium, or spread, investors demand to hold Greek 10-year notes instead of German bunds, Europe?s benchmark government securities, widened yesterday by 18 basis points to 323 basis points.

The spread reached 396 basis points last month, the most since the year before the euro?s debut in 1999, compared with an average of 57 basis points in the past decade. A basis point is 0.01 percentage point.

?When people start to fear that the numbers aren?t accurate, they fear the worst,? said Simon Johnson, a former International Monetary Fund chief economist who is now a professor at the Massachusetts Institute of Technology?s Sloan School of Management in Cambridge, Massachusetts.

No ?Smoking Gun?

Goldman could face legal liability ?if it could be established that they were knowingly hiding risk, and therefore knew or had reason to know that the bond disclosure documents were misleading,? said Thomas Hazen, a law professor at the University of North Carolina at Chapel Hill. ?But that would be a tough hill to climb, in terms of burden of proof. There?d have to be some sort of smoking-gun memo.?

The swap enabled Greece to improve its budget and deficit and meet a target needed to remain within the region?s single currency. Knowledge of their existence may have changed investors? perception of the risk associated with Greece, and the price they may have been willing to pay for the country?s securities.

?From what we know, this is an egregious example of a conflict of interest? for Goldman Sachs, MIT?s Johnson said. ?Even if the deal had been authorized, it doesn?t let them off the hook.?


?Long-Term Damage?

A Greek government inquiry this month identified a series of swaps agreements with securities firms that allowed the country to hide its mounting deficit. Greece used the swaps to defer interest payments, causing ?long-term damage? to the Greek state, according to the Feb. 1 document, commissioned by the Finance Ministry.


European Union officials said this week they only recently became aware of the transaction with Goldman. The swaps don?t necessarily break EU rules, European Commission spokesman Amadeu Altafaj told reporters in Brussels on Feb. 15.

The transaction with Goldman consisted of a cross-currency swap of about $10 billion of debt issued by Greece in dollars and yen, according to Christoforos Sardelis, head of Greece?s Public Debt Management Agency at the time.

That was swapped into euros using a historical exchange rate, a mechanism that implied a reduction in debt and generated about $1 billion in an up-front payment from Goldman to Greece, Sardelis said. He declined to give specifics on how the swap affected the country?s deficit or debt.


?Wider Collusion?

European politicians such as Luxembourg Treasury Minister Jean-Claude Juncker this week criticized Goldman Sachs for arranging the Greek swap and are pressing the firm and Greece for more disclosure. Merkel?s Christian Democrats aim to push for new rules that will force euro-region nations and banks to disclose bond swaps that have an impact on public finances, financial affairs spokesman Michael Meister said.

?Investment banks are guilty of being part of a wider collusion that fudged the numbers to make the euro look like a working currency union,? said Matrix?s Blain. ?The bottom line is foreign exchange and bond investors bought something sellers knew not to be the case.?


To contact the reporter on this story: Elisa Martinuzzi in Milan at emartinuzzi@bloomberg.net
 
Re: The Big Bank Fix

. It was this largely unregulated system that came crashing down in 2008, with global repercussions.

I don't think the system has crashed yet. It was put on life support with all the bailouts. I think that is why reform efforts are stymied. Glass-Steagall passed after banks runs and bank 'holidays.'

http://topics.nytimes.com/topics/reference/timestopics/subjects/g/glass_steagall_act_1933/index.html

We aren't there yet. There are some early reports that the US may be on the hook to bail out Greece via the AIG debt we took over.

http://www.nakedcapitalism.com/2010/02/german-paper-says-aig-may-have-sold-cds-on-greece.html
 
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