Banking on the Backroom Deal
Posted: June 1, 2009 Filed under: Bailout Blues, Equity Markets, Global Financial Crisis, Team Obama, U.S. Economy | Tags: bad banks, banking regulation, Capital requriements, Credit Default swaps, Hart, Too big to Fail, Zingales Comments Off on Banking on the Backroom DealWhile, GM’s bankruptcy and Chrysler’s emergence from bankruptcy grab front page headlines, yesterday’s banks with
issues are positioning themselves at the table to discuss future financial regulation. This comes as some of the premier researchers in financial economics look for systemic solutions. As you know, I’m a huge advocate for finding new regulations that promote transparency of process and recognize the importance of fiduciary responsibility when the financial industry takes on risk. Harvard’s Oliver Hart and University of Chicago’s Luigi Zingales, both NBER researchers, have just produced A New Capital Regulation For Large Financial Institutions. I want to review some of their findings and suggestions in conjunction with two more mundane articles.
The first of these articles is an astounding piece on Alternet that finds information suggesting Larry Summers has been taking kickbacks from big troubled banks. Another article is in today’s NY Times that shows how the banks have been spending a good year–even as they took TARP funds and cheap money from them FED–girding for a fight on forthcoming regulations.
I would think that the big lesson from the last few years is this is not time to go back to business as usual. However, the mindset of those making major decisions in the White House (Treasury Secretary Geithner and CEA head Summers) is this is just a glitch and there’s no chance anything like this could happen again. In other words, we don’t need to look for systemic problems, we just need to send the patients home with some aspirin and they can call back in the morning. This aspirin prescription has been particularly expensive. It is either utterly naive or completely disingenuous to think that pouring money into financial institutions and waiting this out is going to prevent any future occurrence of financial meltdowns. We need to be prepared to offset what may be an elaborate hoax to convince that nothing really needs to change systematically and a major congressional influence- and administration influence- buying spree by the big banks. Even as we see Dow de-list Citibank, we see evidence that Citibank possibly manipulated its stress tests results through Summers.
If the Alternet article is correct, Summers should be in trouble and the trustworthiness of the large institutions should be questioned by a congressional committee. This sure looks like pay-to-play to me. (HT to Dr. BB for the link.) The post by Mark Ames is a must read.
Last month, a little-known company where Summers served on the board of directors received a $42 million investment from a group of investors, including three banks that Summers, Obama’s effective “economy czar,” has been doling out billions in bailout money to: Goldman Sachs, Citigroup, and Morgan Stanley. The banks invested into the small startup company, Revolution Money, right at the time when Summers was administering the “stress test” to these same banks.
A month after they invested in Summers’ former company, all three banks came out of the stress test much better than anyone expected — thanks to the fact that the banks themselves were allowed to help decide how bad their problems were (Citigroup “negotiated” down its financial hole from $35 billion to $5.5 billion.)
The fact that the banks invested in the company just a few months after Summers resigned suggests the appearance of corruption, because it suggests to other firms that if you hire Larry Summers onto your board, large banks will want to invest as a favor to a politically-connected director.
Last month, it was revealed that Summers, whom President Obama appointed to essentially run the economy from his perch in the National Economic Council, earned nearly $8 million in 2008 from Wall Street banks, some of which, like Goldman Sachs and Citigroup, were now receiving tens of billions of taxpayer funds from the same Larry Summers. It turns out now that those two banks have continued paying into Summers-related businesses.
From My Ivory Tower
Posted: May 11, 2009 Filed under: Bailout Blues, Equity Markets, Global Financial Crisis, U.S. Economy | Tags: fiduciary responsibility, Financial Crisis, lend and hold mod 1 Comment(Note: I’m knee deep in end of the semester stuff so I thought I’d share with you my standard academic speech on the current financial meltdown.
Don’t fall asleep now!)
While the underlying causes of the current mortgage and housing crisis cannot be perfectly elucidated at the moment, there appear to both micro and macroeconomic factors at work. The macroeconomic factors can be traced to a prolonged period of excess global liquidity. The was induced by relatively low interest rates set by the Federal Reserve Bank and other central banks following the US recession in 2001 and the events of 9/11/2001. This excess liquidity went into the demand for residential investment and triggered large increases in housing prices.
The roots of microeconomic crisis can be found in industry practices by financial intermediaries including the ‘originate and distribute’ lending model. Other factors included poor regulation of Fannie Mae and Freddie Mac, major players in the residential housing markets, and the loosening of underwriting standards for loans and leverage requirements for investment banks. This encouraged banks to provide house loans to folks ill-suited for them that were securitized to meet an increasing demand. The inherent risk in these loans was mispriced. The loan origination process was especially weak as many mortgage originators were more concerned with producing volume to ensure bonuses than soundness. Agents securitizing these mortgages did not audit individual loans for soundness. Additionally, rating agency models seemed completely unable to discover underlying default risk. Prudent auditing practices were missing at all levels of the lending process.
As the demand for houses increased, prices of those homes increased which increased the number of construction companies building homes and speculation in the housing market. Many of the people that bought homes did so at inflated house prices. Given the lax lending standards, these folks did not necessarily have down payments or the credit history and income to pay for these loans as the economy slowed and interest rates began to rise. Many did not even care about the terms of the loans since they were not planning on holding them very long. Regulators missed the build-up of vulnerabilities as much of the risk was perceived to be transferred to other, unregulated securities markets. Home buying and financing became a speculative activity with many buyers that were unaware of the risk and unprepared to handle the consequences of a downturn.
At the time of the failure of Fannie and Freddie, they were leveraged at a level of 150 and poorly capitalized to handle loan losses. Since many of the loans originated at this time were packaged and sold on the secondary market, an increasing default rate brought down the value of these bonds as well as other types of derivatives created from mortgage related assets. Since it is difficult now to value these assets and there appears to be no bottom set in the market, banks are now reluctant to lend to each other in the interbank markets and prefer to maintain high liquidity to cover potential losses and deposit withdrawals. At the moment, we’re seeing governments injecting capital into banks as well as the end of investment bank as a standalone entity. While this situation should be temporary, banking laws should be changed to prevent any future occurrence.
Regulations are likely to change as the crisis winds down. Both Fannie and Freddie require a complete overhaul, something that was tried in 2000 by the Clinton Administration and then by Congress in 2003 and 2005. It is unseemly in a market economy that extraordinary profits be privatized while losses resulting from bad management and accounting practices should be turned over to the taxpayer.
Additional Regulation over the derivatives market is also likely to result. These markets have largely been ignored until the meltdown. The government should ensure that sound underwriting practices are not undermined to achieve ‘affordable’ housing—especially not by the GSEs and other organizations that carry implicit taxpayer guarantees. Encouraging old fashioned “lend and hold” banking would help this. Affordable Housing initiatives most likely require target funds and programs that ensure transparency in the origination process and place borrowers in appropriate loans. Additionally, secondary markets must be more transparent, more standardized, and more accountable. It is possible that a revision of the mark to market accounting practices will be narrowed to asset classifications that are rich with asset valuation information only. It is also possible that certain short-selling practices may see restrictions.
Past crises have also show that regulation in the U.S. is reactionary. One example is the reaction to the bank runs during the Great Depression. A further example is the thrift crises in the 1980s. Sophistication of the markets, increased options for saving and investing, and borrowing went farther than the Fed’s ability to monitor and manage bank performance. As these crises occur, regulators respond and frequently must wait until laws catch up. The current crisis is no different.
One of the most significant studies of systemic banking crises has just been produced by the IMF this fall. Laeven and Valencia (2008) identified 124 systemic banking crises over the period of 1970 to 2007. Their study evaluates crisis resolution policies put in place to contain the crisis as well as the challenge of long-run system stabilization. They have found that nonperforming loans tend to be high during the onset of a banking crisis. During a Crisis in Chile in 1986, non-performing loans peaked at 36% of total loans. These were the result of unsound banking practices such as a high level of connected loans. The authors found that the percentage of non-performing loans ran as high as 75% of the total loans in one country and averaged about 25% across country. They also found that banking crises were frequently preceded by credit booms. This was also the case in Chile where the average annual growth of private credit to GDP prior to its crisis was as high as 34.1 percent.
In the case of Turkey in 2000, the trigger of the crisis was the collapse of the interbank loan market. It especially failed in loans from large to small banks. Any bank that depended heavily on overnight funding failed. Authors pointed out that Turkey widely exhibited problems in macroeconomic factors. At the time, inflation was growing at 80 percent per annum in the 1990s. The government also ran high fiscal deficits. There was large public debt, high current account deficits and a generally weak financial system. Because of these macro vulnerabilities, the banks had exposure through holdings of government securities. There were also the micro risks of maturity and exchange rate mismatches coming from market risk. It is possible that these factors are present in the current global financial crisis. This could extend the period of crisis beyond normal expectations.
Zombie Negotiations
Posted: May 4, 2009 Filed under: Bailout Blues, Equity Markets, Global Financial Crisis, U.S. Economy | Tags: bank failures, Bank Stress Tests, zombie banks 3 CommentsI’m at the end of my semester which is the time when students that should’ve showed up in my office months ago suddenly feel they can negotiate a different result than the one listed in my syllabus and on my grade sheet. I’ve noticed this pattern in all my years of teaching. I get about a handful of them right after the first test that say, sheesh, I don’t think I get this what can I do? I get more than a handful the week before finals, when their grades are pretty much a given, saying, sheesh, I don’t think I can get this, what can you do for me?
There’s an implicit contract between me and my students and a good deal of it is stated in the syllabus which all of them get at the beginning of the semester. Over the years, it’s grown to being a pamphlet of sorts. Much of this has to do with either accreditation or legal requirements (like what to do if you’re disabled and need help with things). A lot of it is me trying to be absolutely, positively clear that we agree on the expectations we have in this class. I spend the entire first day going over all of these things and they all nod in agreement, don’t ask many questions, and hope they can leave early.
Why do I feel like the Fed is waving a syllabus in front of a few recalcitrant banks over the results of the so-called stress test? Are they asking why didn’t you come to us sooner when you had a problem? How much of a softie is the Fed going to be when a few of them want to renegotiate what it means to get an A,B,C, D, or F?
The Hedge Fund Empire Strikes Back
Posted: May 1, 2009 Filed under: Bailout Blues, Equity Markets, Global Financial Crisis, Uncategorized | Tags: bond holders, Chrylser bankruptcy, Chrysler bailout, hedge funds 2 Comments
The role of hedge funds in the bankruptcy of Chrysler and GM will probably be discussed and studied for some time. It’s not often this POTUS singles out a Financial Institution for scorn since they’ve all been major donors to his campaign but POTUS made an exception when announcing the Chrysler bankruptcy. Evidently, POTUS was not amused that a few of them would not bend to his will on the deal.
The most interesting thing is that the spoilers are now responding. They are not only responding, they are making it clear that the group the cut the deal were TARP fund babies and they were not. They are actively referring themselves as the No-Tarp Gang just to make that perfectly clear.
Also, interesting is the tone of the coverage concerning the bankruptcy. A Motor Trend blog has a headline screaming Chrysler Bankruptcy “Cruel” Result of Hedge Fund Greediness. Motor Trend obviously has more interest in the Car Makers than the Deal Makers and there in lies the rub. The government-brokered deal, led by four of the biggest Tarp Babies, puts interests that are usually at the back of the line in corporate bankruptcy at the front. Basically the union employees could potentially lose it all in the bankruptcy court.
This deal, turns the entire idea of the safety and primacy of bonds in a bankruptcy deal upside down which could argueably further destabilize financial markets. So, before you accuse me of being anti-union here, which I’m not, let me talk about that. Bonds are usually first in line in any bankruptcy. It’s why they are considered less risky and yield less than their riskier cousins, the equities. Folks that buy corporate bonds play an important role in the market. They provide corporations with huge, long term sources of cash at better terms than any one of them could get from a bank.
If a deal can be cut that undercuts the nature of bonds, what would this mean to other bond holders in other deals that are likely in the bankruptcy pipe? (This would include GM and other industries.) Could this deal actually destabilize the primacy of bonds in the bankruptcy hierarchy? Is that what the fuss is about? Are they being greedy? Are they looking out for their investors? Are they posturing? I don’t think we quite know yet. But, the Hedge Funds spoke up as reported in today’s WAPO.
President Obama’s harsh attack on hedge funds he blamed for forcing Chrysler into bankruptcy yesterday sparked cries of protest from the secretive financial firms that hold about $1 billion of the automaker’s debt.
Hedge funds and investment managers were irate at Obama’s description of them as “speculators” who were “refusing to sacrifice like everyone else” and who wanted “to hold out for the prospect of an unjustified taxpayer-funded bailout.”
“Some of the characterizations that were used today to refer to us as speculators or to say we’re looking for a bailout is really unfair,” said one executive who spoke on condition of anonymity because of the sensitivity of the matter. “What we’re looking for is a reasonable payout on the value of the debt . . . more in line with what unions and Fiat were getting.”
George Schultze, the managing member of the hedge fund Schultze Asset Management, a Chrysler bondholder, said, “We are simply seeking to enforce our bargained-for rights under well-settled law.”
“Hopefully, the bankruptcy process will help refocus on this issue rather than on pointing fingers at lenders,” he said.
I supposed that I don’t have to tell you that hedge funds are not charitable organizations but many of them actually invest for charitable organizations, along with unions and state and government workers. Their clientele can be anything from a small group of rich investors, to you and me, actually. We’ve heard a lot about them recently but most people, I’d speculate, don’t know a lot about what they are and what they do. Hedge funds came onto the scene in the 1950s and what mostly defines them is their regulation regime.
Here’s an easy definition from a website at the University of Iowa.
“Hedge fund” is a general, non-legal term that was originally used to describe a type of private and unregistered investment pool that employed sophisticated hedging and arbitrage techniques to trade in the corporate equity markets. Hedge funds have traditionally been limited to sophisticated, wealthy investors. Over time, the activities of hedge funds broadened into other financial instruments and activities. Today, the term “hedge fund” refers not so much to hedging techniques, which hedge funds may or may not employ, as it does to their status as private and unregistered investment pools.
Hedge funds are similar to mutual funds in that they both are pooled investment vehicles that accept investors’ money and generally invest it on a collective basis. However, they are regulated in significantly different ways. Up until 2005, hedge funds in the United States often relied on Section 4(2) and Rule 506 of Regulation D of the Securities Act of 1933 to avoid having to register their securities with the Securities and Exchange Commission of the United States (SEC). Further, to avoid regulation regarding mutual funds (a type of “investment company”), hedge funds relied on Sections 3(c)(1) and 3(c)(7) of the Investment Company Act of 1940. In short, hedge funds escaped most U.S. regulation directed at other investment vehicles such as mutual funds.
European nations regulate hedge funds by either regulating the type of investor who can invest in a hedge fund or by regulating the minimum subscription level required to invest in a hedge fund. In the years to come, experts are predicting the rise of an alternative regulatory framework that will be tiered yet flexible.
Living La Vida Nada
Posted: April 29, 2009 Filed under: Bailout Blues, Equity Markets, Global Financial Crisis, U.S. Economy | Tags: Financial Crisis, Financial Times., FOMC, GDP, Martin Wolf, Quantative easing, recession, Willem Buiter, zombie banks 7 Comments
From the Federal Open Market Committee’s (FOMC) policy statement earlier today:
Information received since the Federal Open Market Committee met in January indicates that the economy continues to contract. Job losses, declining equity and housing wealth, and tight credit conditions have weighed on consumer sentiment and spending. Weaker sales prospects and difficulties in obtaining credit have led businesses to cut back on inventories and fixed investment. U.S. exports have slumped as a number of major trading partners have also fallen into recession. Although the near-term economic outlook is weak, the Committee anticipates that policy actions to stabilize financial markets and institutions, together with fiscal and monetary stimulus, will contribute to a gradual resumption of sustainable economic growth.
In light of increasing economic slack here and abroad, the Committee expects that inflation will remain subdued. Moreover, the Committee sees some risk that inflation could persist for a time below rates that best foster economic growth and price stability in the longer term.
In these circumstances, the Federal Reserve will employ all available tools to promote economic recovery and to preserve price stability. The Committee will maintain the target range for the federal funds rate at 0 to 1/4 percent and anticipates that economic conditions are likely to warrant exceptionally low levels of the federal funds rate for an extended period.
It goes on to state that its goal is to bring long term rates down farther by buying “up to an additional $750 billion of agency mortgage-backed securities”, “$300 billion of longer-term Treasury securities over the next six months” and “agency debt this year by up to $100 billion”. The Fed is aggressively using its balance sheet to inject liquidity into the financial system since the already low fed funds rate target is technically as low as it can get now. The Fed is hinting that we may be looking at the recession’s trough soon. Given the release of today’s 1st Quarter GDP, we can only hope and pray.
From Market Watch:
The central bank’s Federal Open Market Committee said that spending has stabilized and that the pace of the downturn appeared to be somewhat slower. The economy could remain weak in coming month but policy actions and “market forces” were aligned to create a gradual upturn, the statement said.
Fed watchers saw little drama in today’s announcement.
“The only major difference between today’s statement and the previous one on March 18 is that today’s cited the fact that most evidence points to a slowing rate of economic decline. Anyone with two eyes and a brain knows this to be the case,” wrote Josh Shapiro, chief U.S. economist at MFR Inc. in a note to clients.
Economists had expected the policy-setting panel to maintain the status quo. The FOMC kept its target interest rate unchanged at an ultra-low 0%-to-0.25% range.
The economy has fared dismally over the past six months — collapsing by the sharpest rate in more than 50 years. The unemployment rate has spiked and business investment has slowed.





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