Mission Creep: The Incredible Expanding Power to Bailout

I’ve been watching the three big regulators in the Financial Crisis (the Fed, the FDIC, and the SEC) start doing things bank-holidayunheard of only a year ago.  What has been baffling is no one has changed any laws or charters while these things keep happening.  I’m not a lawyer and I don’t have the time to go poking around a lot of the charters and laws surrounding these institutions, but you have to start wondering if some of their more unconventional moves are technically legal.

I’ve been watching the Fed Open borrowing at the Discount Window and accepting some really strange collateral.  The Discount Window used to be exclusive to member banks.  I’ve been looking over what they now accept as collateral and am surprised. Take a look at the list and see if you’d like to be left holding the bag on some of these things.  I’m not sure I want these off budget quasi agencies turning their balance sheets into dumping grounds for some of the most heinous looking gambles available on the market.

The NY Times Reporter Andrew Ross Sorkin has been poking around the charter and law concerning the FDIC.  The FDIC was chartered to provide deposit insurance to bank deposits.  You would think that is a fairly straight-forward task.  However, when the charter was written, the size of the task at hand today was  unfathomable and it seems the FDIC is tiptoeing around some of its charter provisions.   The FDIC is barred from incurring any obligation greater than $30 billion and its about to take part in guarantees that would commit $1 trillion in the PPIP bank bailout program. Sorkin reports on what he calls “mission creep” here.

Now, because of what could politely be called mission creep, it’s elbowing its way into the middle of the financial mess as an enabler of enormous leverage.

In the fine print of Treasury Secretary Timothy F. Geithner’s plan to lend as much as $1 trillion to private investors to help them buy toxic assets from our nation’s banks, you’ll find some details of how the F.D.I.C is trying to stabilize the system by adding more risk, not less, to the system.

It’s going to be insuring 85 percent of the debt, provided by the Treasury, that private investors will use to subsidize their acquisitions of toxic assets. The program, extraordinary in its size and scope, is the equivalent of TARP 2.0. Only this time, Congress didn’t get a chance to vote.

These loans, while controversial, were given a warm welcome by the market when they were first announced. And why not? The terms are hard to beat. They are, for example, “nonrecourse,” which means that if an investor loses money, he owes taxpayers nothing. It’s the closest thing to risk-free investing — with leverage! — around.

Read the rest of this entry »


Greenshoots or False Spring?

Miss Strawberry with the Winners of the Strawberry Bakeoff

Miss Strawberry with the Winners of the Strawberry Bakeoff

I woke up this morning to a chill in the air.  When I came back home from university today it was a chilly 60 in the house. There’s a frost warning for the North Shore and I had to put the heater back on and pull at the flannels.  I walked the dog in a fleece jacket and had to put socks on.  This weekend was just warm, sunny, and great and the Strawberry Festival was in  full swing?  WTF happened here in Southeastern Louisiana?   One day I’m basking in the first hint of a warm sun enjoying fresh strawberry shortcake and the next I’m hoping that the magnolia blossoms are safe.  Yes, there’s  a Strawberry Queen, a Strawberry Ball, and Strawberry Royalty.  If you gotta work somewhere, it might as well be the Strawberry Capitol of the Word.

So, having been raised in the Great Flyover and spent most of my childhood watching my Dad’s business sell F-150s to the local farmers, I know a lot about a false spring.  That’s when Mother Nature messes with you by giving you just enough spring to think the worst of winter is over and then hits you with the cold blast of reality.  Thankfully, my cold blast didn’t include the blizzard that hit the heartland, but it is a cold blast.  That’s why I’m having so much fun with the economic word-de-jour.  That would be Ben Bernanke’s “green shoots”.   An Ivy-leaguer from South Carolina should know about about false springs.  Bloomberg picks at the analogy too in Bernanke ‘Green Shoots’ May Signal False Spring Amid Job Losses.

April 6 (Bloomberg) — It will be months before it’s clear whether what Federal Reserve Chairman Ben S. Bernanke calls the U.S. economy’s “green shoots” represent the early onset of recovery, or a false spring.

The Labor Department’s April 3 report that the economy shed an additional 663,000 jobs last month, while the unemployment rate rose to 8.5 percent, will be followed by months more of bad-news headlines, economists say. The recession, now in its 17th month, has already cost 5.1 million Americans their jobs, the worst drop in the postwar era; unemployment may hit 9.4 percent this year, according to the median estimate in a Bloomberg News survey, and may top out above 10 percent in 2010.

The risk is that the jobs picture turns even more bleak than forecast or the drumbeat of bad news still to come causes consumers, whose spending has firmed up in recent months, to hunker down again.

“If something happens to spook consumers and they crawl back into their tortoise shells, that would be terrible news,” says Alan Blinder, former Fed vice chairman and now an economics professor at Princeton University.

Consumer spending, which accounts for more than 70 percent of the economy, rose 0.2 percent in February after climbing 1 percent in January, breaking a six-month string of declines.

Read the rest of this entry »


Inquiring Minds also Blog

high-noon

The two regulators who don’t appear captured by the regulated are both women.  FDIC’s Sheila Bair has been quietly closely down the bankrupt quite efficiently and ensuring every one knows that the FDIC will stand by its insurance commitments.  Elizabeth  Warren who is the head of the group watching the TARP funds  is calling this week for the ousting of derelict bank executives.  This includes Citibank and AIG.   Is this the beginning of High Noon on Wall Street?

Warren also believes there are “dangers inherent” in the approach taken by treasury secretary Tim Geithner, who she says has offered “open-ended subsidies” to some of the world’s biggest financial institutions without adequately weighing potential pitfalls. “We want to ensure that the treasury gives the public an alternative approach,” she said, adding that she was worried that banks would not recover while they were being fed subsidies. “When are they going to say, enough?” she said.

She said she did not want to be too hard on Geithner but that he must address the issues in the report. “The very notion that anyone would infuse money into a financially troubled entity without demanding changes in management is preposterous.”

Meanwhile, many finance and economics bloggers have looked into legal issues surrounding the Obama/Geithner bailout and believe laws are being broken.  Both Boston Boomer and Sam point to this at George Washington’s Blog.

Geithner’s statements that he didn’t have the power to close down the big banks is false. Moreover, Geithner and Paulson actually broke the law which requires the government to close down insolvent banks, no matter how big.

The Prompt Corrective Action Law (PCA) – 12 U.S.C. § 1831o – not only authorizes the government to seize insolvent banks, it mandates it.

An earlier post  here contains the interview with  William K. Black, a senior regulator during the S&L crisis and Associate Professor of Economics and Law at the University of Missouri and Bill Moyers.  Even more interesting news has appeared recently as it looks like regulators aren’t the only ones dropping the ball.  Is this a repeat of the Aurthur Anderson/Enron failure of Public Accounting?

New Century, one of the country’s top subprime lenders, went bankrupt shortly after disclosing that its financial statements were misstated. Its creditors are now suing KPMG, New Century’s auditor, for at least $1 billion in damages. In the years leading up to the financial crisis, some of the nation’s largest accounting firms failed to properly examine the reserves that banks and other lenders set aside to cover losses, records from a federal oversight board show.

Read the rest of this entry »


Jindal puts Ideology before Facts (Yet Again)

popejindalWhen I first moved down here to New Orleans I went through culture shock on many levels.  I came from places where there was no viable private education because public education is so excellent that private schools are reserved for the hyper-religious or the hyper-rich with hyper-idiot children.  I was used to good roads.  I can’t tell you how many tires I’ve lost to the roads down here.  I was used to low crime and nearly zero drug-related crime. I was also used to cities with corporate headquarters (Minneapolis, Kansas City, and Omaha) where I could make a nice living consulting.   I’ve come to love it down here although I still realize we’re very third world compared to the rest of the country(at this writing anyway).  I’ve just learned to relax and go with it.

Louisiana has always depended on the kindness of other states since the fall of the Oil and Gas industry in the 1980s.  It has been highly dependent on the rest of the country and the world since Hurricanes Katrina and Rita devastated the bottom and richest part of the state.  One of my displaced friends got a US government supplied  FEMA trailer on campus.  He got his dishes, pots and pans and linens from the Kingdom of Saudi Arabia.  We’ve relied heavily on outside help since that awful day in August, 2005.

I know several economists here in the state that follow the local economy closely and I know we’ve had some real tough times.  Fortunately, we still have two major news organization that are committed to following our recovery and they send reporters down here to do substantive stories as well as the usual “let’s traipse around the ninth ward and see what’s happening”  pieces. This generally keeps the light on the problems.   Our governor also attracts attention as a potential leader of the Republican Party.  I’ve written about him frequently because I’d frankly like to have him some place where he cannot do so much damage to folks with his inability to separate right wing dogma and religious zealotry with governance.  (I’m thinking Spaceship, co-pilot Rush,  and Mars.)

Of course you’ve seen Bobby (Peyush) Jindal on TV now.  You can see he talks very fast and often in ways that really don’t make sense.  He’s got a very interesting background and is known for being intelligent and well-educated.  He never lets that get in the way of his governing Louisiana, however.   You can read more on that from a December post of mine here.

Read the rest of this entry »


The Zombie Connection

Goverment Motors?

Goverment Motors?

Bloomberg.com is reporting that GM is unlikely to survive the government’s latest requests and will head towards bankruptcy.  This begs the question:  Why have we poured so much money into what most folks thought was a lost cause anyway?  My first response to that would be to point to the timing of requests which occurred around election time.  No Republican or Democratic Pol in their right mind would want to irritate the huge number of states that will be impacted by the fall of GM.  The second reason is one that is just becoming obvious with the Obama approach.  It appears the administration is much more concerned about the impact on the investment banking sector and AIG than with GM.

There’s some very interesting relationships in these deals.  First, take a look at Seven Things You Should Know about the next GM CEO at Business Insider.

So who is this Fritz guy? Here are seven things you should know.

  • He’s a native of Detriot, born there in 1958.
  • University of Michigan, 1980. Harvard Business School, 1984.
  • Started at GM the year he got his MBA, in the Treasurer’s office.
  • Came up through GMAC, eventually becoming the head of mortgage finance.
  • He has run GM’s Latin American, Africa and Middle East division, as well as the Asia Pacific and European units.
  • Became vice chairman and chief financial officer in January, 2006.
  • Became president and chief operating officer in March, 2008.

Now isn’t that red point interesting?   (Thanks to Jonas8 for this.) Let’s look at a few other interesting things.    GMAC is owned by Cerberus who acquired 51 percent of GMAC from General Motors in 2006 for $7.4 billion.  You may also know that Cerberus owns 80+% of Chrysler. Cerberus is having its own interest issues like this:

Embattled Cerberus Capital Management, a private-equity firm named for the mythological three-headed dog that guards the gates of Hades, has been overwhelmed by clients seeking to withdraw money from its $2 billion hedge fund, Cerberus Partners.

Website FINAlternatives said that fund investors representing 17 percent of the assets wanted to withdraw their money in December, the most recent month for which statistics are available. Now, with Cerberus’s investments in Chrysler and GMAC going bad and unemployed investors needing to tap more funds, that figure may be heading higher.

Just look at this Wiki list of what things they also own:

  • Real Estate – Through investment affiliate Cerberus Real Estate, the company has been making direct equity, mezzanine, first mortgage, distressed and special situation investments in all asset types. It also controls Miami Beach-based LNR Property, a large real estate development and investment firm through subsidiary Riley Property. Cerberus also controls Kyo-ya, a Japan based group of entities that owns several Starwood managed assets in California, Hawaii and Florida.
  • Government Services (Military, Energy, and Food & Drug) – owns IAP Worldwide Services, which bought Johnson Controls‘ World Services division in February 2005, and Netco Government Services.
  • Financial Services – General Motors sold a 51% stake in its GMAC finance unit to an investor group led by Cerberus Capital Management in November 2006. GM expected to receive $14 billion over the next three years from the sale of General Motors Acceptance Corp. In December 2006, Cerberus acquired the Austrian bank BAWAG P.S.K. for a reported EUR3.2 billion. In August 2007, Cerberus announced that it was closing one of their mortgage companies, Aegis Mortgage. It owns half of a 9.9 % share (5%) with the Gabriel Group in Bank Leumi

I want to jump on over to something BostomBoomer sent me this morning at the Market Ticker by Karl Denninger.  Just start connecting the dots here and start with an earlier piece here.  This is the line that starts connecting ALL these little dots.

And then there’s the nearly $1 trillion in CDS that will trigger.  There is no accurate way to know what the net exposure is on those, but I’d take the “over” on $100 billion, focused in you-know-where.

CDS would be Credit Default Swaps.  Yup, those would be those toxic assets that are still sitting out there in banks and most likely AIG.  So, who exactly are we worried about here?  GM?  GM’s stock holders?  GM’s auto workers?  GM’s retirees?  If you’re any where as pessimistic as I am about this, you’re going to say, I bet it’s the bondholders and the holders of the CDS based on GM.  DING!  Let’s go a little bit further into that Denninger thread.

The government has provided a history now that says that if you are a holder of CDS written by AIG, you will get 100 cents on the dollar, even if the notes don’t default.  In addition that 100 cents is above what you would normally get even if there IS a default, because normally you have to tender the defaulted bond or the payout is limited by the recovery, and recovery on a defaulted bond is almost never zero.

So in this case the winning play, if you’re a big bondholder, is to tell GM to suck eggs; you’ll get paid 100 cents on your CDS even though AIG has no money, because the taxpayer will make you whole on those CDS, even if the bonds have a recovery in bankruptcy.

In other words you could conceivably get more than 100 cents if you hold those bonds – so long as you also hold a CDS as a hedge.

It must be nice to be able to screw the taxpayer for more than a 100% payout, right?

The bondholders “committee” is all made up of big players who presumably are hedged, ergo, this has to be assumed to be part of their “thought process” – if not the controlling factor.

Small bondholders on the other hand (who have no hedge, unless they were smart enough to buy lots of PUTs a few months ago) are just going to get plain old-fashioned screwed.

Since the only way GM survives is for it to get the bondholder committee to agree to restructuring it therefore follows that the only way this can happen is if the administration (and Fed!) makes very clear that all funding to AIG has been cut off and therefore no further “pass through” payments will (or can) occur.

That is, The Obama Administration has to bankrupt AIG to save GM, or we will instead see the banks again rip off the American Taxpayer through yet another “passthrough” CDS payout stream AND GM will go bankrupt.

Get ready America – you’re about to get it in BOTH holes this time.

This is analysis and deduction based on the available and public facts – I have no proof – but I’ll bet this is exactly how this deal will go down, and why.

PS: Every firm in America that has a significant amount of CDS outstanding is potentially subject to this same attack.  It’s all very nice that our government is permitting banks to rob the citizens like this, isn’t it?

So, let’s see. Cerebus, through its financial holdings gets TARP money.  Cerebus through its Chrysler holdings gets cheap government loans.  AIG and all those investment banks holding those swaps get taxpayer money.  GM’s getting cheap loans and has bonds that have been securitized into CDS.  I’m with Denninger on this one.

Oh, and just in case you’re not seeing a lot of stuff on Cerebus, let’s try these little tidbits:

On October 19, 2006, John W. Snow, President George W. Bush‘s second United States Secretary of the Treasury, was named chairman of Cerberus.

J. Ezra Merkin is a partner in Cerberus. Merkin invested his funds into Cerberus and its portfolio companies. His Gabriel fund invested $79 million in Chrysler, $66 million in GMAC and $67 million in Cerberus partnerships, according to year-end statements. The Gabriel Fund was a feeder fund for Bernard L. Madoff Investment Securities LLC.[3]

Japanese bank, Aozora, a Cerberus company lost $ 137 million to Bernard L. Madoff Investment Securities LLC. Aozora was part of the investment group that acquired 51 percent of GMAC from General Motors.

I’m just hoping some one in the MSM can pick up on this and go after it.  If not that, then Cuomo needs to get a forensic accountant and go after it all.  This just doesn’t look right to me AT ALL.

SHARE THIS POST:

Add to FacebookAdd to DiggAdd to Del.icio.usAdd to StumbleuponAdd to RedditAdd to BlinklistAdd to TwitterAdd to TechnoratiAdd to FurlAdd to Newsvine