Category: Finance

Ken Lewis Says that Paulson and Bernanke Threatened Him to Keep Mum on Merrill Lynch IMploding

It looks like the former Treasure Secretary, and the current Chairman of the Federal Reserve pressured Lewis to ignore the normal disclosure requirements to the SEC and his shareholders:.

Bank of America Chief Executive Kenneth Lewis told the New York attorney general he believed former Treasury Secretary Henry Paulson and Fed Chairman Ben Bernanke wanted him to keep quiet about the worsening terms of the bank’s acquisition of Merrill Lynch, according to testimony reviewed by The Wall Street Journal.

This is actually a big deal, and while I still think that Lewis is an idiot who should be fired for buying Countrywide Financial, it casts a far more sinister light of the involvement of the people who were then two most senior finance officials in the US.

I would note that Paulson has denied this, though the circumstances seem fairly clear:

The Journal said in Thursday’s edition that Lewis doesn’t say in the transcript that he was told specifically to remain silent about Merrill’s burgeoning losses. But the paper quotes Lewis as testifying that disclosing that information “wasn’t up to me,” and that he was warned by Paulson and Bernanke that failing to complete Merrill’s takeover would “impose a big risk to the financial system.”

Citing a person familiar with the matter, the newspaper said Paulson told the NY AG’s office last month that Lewis may have misread some remarks about Treasury’s disclosure requirements as instead pertaining to his bank’s obligations.

The “person familiar with the matter,” is Hank Paulson or one of His Evil Minions, and, “he misheard me,” is awfully week tea by way of a denial.

As the the Bloomberg article notes:

The allegations in Cuomo’s letter suggest Paulson and other policymakers may have resorted to breaking securities laws in order to protect a fragile financial system, according to Peter Sorrentino, a senior portfolio manager at Cincinnati-based Huntington Asset Advisors, which has about $13.3 billion under management and doesn’t own Bank of America Corp. stock.

It’s actually more than that. Just by instructing Lewis to keep his mouth shut, Bernanke and Paulson engaged in a criminal conspiracy, and possibly, because of the power that they held in their positions, racketeering and abuse of power.

The Wall Street Journal has released selected transcripts, and if Lewis’ allegations are true, we have a criminal Chairing the Fed:

Mr. Lewis: I remember, for some reason, we wanted to follow up and see if any progress — as I recall, we actually, had not agreed to call a MAC after the conversation that we had, and so I tried to get in touch with Hank, and, as I recall, I got a number that was somebody at the Treasury kind of guard-like thing. He had a number for Hank, and Hank was out, I think, on his bike, and he — this is vague; I won’t get the words exactly right — and he said, “I’m going to be very blunt, we’re very supportive of Bank of America and we want to be of help, but” — I recall him saying “the government,” but that may or may not be the case — “does not feel it’s in your best interest for you to call a MAC, and that we feel strongly,” — I can’t recall if he said “we would remove the board and management if you called it” or if he said “we would do it if you intended to.” I don’t remember which one it was, before or after, and I said, “Hank, let’s deescalate this for a while. Let me talk to our board.” And the board’s reaction was one of “That threat, okay, do it. That would be systemic risk.”

Q: Why do you say it wasn’t up to you? Were you instructed not to tell your shareholders what the transaction was going to be?

Mr. Lewis: I was instructed that “We do not want a public disclosure.”

Q: Who said that to you?

Mr. Lewis: Paulson.

Seriously, this sounds like gangsters making threats, and I would suggest that a criminal investigation is in order.

Economics Update

Well, we have the new jobless claims out, and again, they are grim, with initial claims raising from 613K to 640K, though the 4 week moving average, which is a better indicator, dropped to 646,750 from 651,000.

Continuing claims hit another record, up 93K to 6.137 million, worse than the forecast.

The fact that mass layoffs, more than 50 people, hit a record, with 2,933 in March, probably had something to do with this.

In world finance, we have Moody’s downgrading the debt of the Baltic Republics Lithuania and Latvia, indicating a bumpy way ahead.

In real estate March existing home sales fell, and with mortgage rates inching up, I would not expect a significant improvement in the situation.

Meanwhile, oil is up, and the dollar is down, for reasons not clear to me.

Enough Schadenfreude for the Whole Month


I’m shocked, shocked to find that gambling is going on here!

Two articles on how the rich investment bankers are so upset about people thinking that they are overpaid scumbags, The Wail of the 1%, about how they all feel unjustly vilified, after creating the financial crisis, and still demanding 7 figure bonuses and 7 figure life styles, and Confessions of a Bailout CEO Wife, whose content is pretty much obvious from the title.

It should be noted that the Gawker has an absolutely devastating summary of the latter article. The final lines of which are prize:

Sounds awful. If only there were some good news too. Oh, what, there is? “The good news is that Americans have short attention spans. Before long, some other group will come along to absorb all the frustration and anger.”

Such as: Rich wives.

(emphasis mine)

I’m not an empathic guy, and I don’t feel your pain, I just go Nelson Muntz.

With children going hungry, and ordinary folks who actually work for a living having lost their jobs and their medical coverage, the idea that you are wailing about not being as overpaid to mismanage people’s money fills me with nothing but contempt.

How about you do some real work, physical labor, even if it’s something as simple repaving a road, and then ask yourself: just how onerous is your work, and why do you need to be paid so much to do it?

Financial Firms Lobby to Cut Cost of TARP Exit – WSJ.com

It looks like the Treasury will allow some of the TARP recipients to pay back their money early, though it is implied that the stress test has to be complete, and that their financial status has to be well capitalized, in order for them to do this.

In a related note, the banks are lobbying to reduce the costs of the loans that they took:

The banking industry is aggressively lobbying the Treasury Department to make it less costly for financial institutions to get out of the Troubled Asset Relief Program.

At issue are “warrants” the government received when it bought preferred stock in roughly 500 banks over the past six months as part of TARP. The warrants allow the government to buy common stock in the banks at a later date so taxpayers can receive more of a return on their investment when the banking industry recovers.

Many banks want to return their TARP money and, as part of that effort, want to expunge the warrants. To do that, banks must either buy them back from the government or allow the Treasury to sell them to private investors.

Today, most of the warrants are essentially worthless, because their exercise price is higher than where most banks’ stocks are trading. But the government believes the warrants still have value, since they give the Treasury the right to buy common stock at a set price for 10 years.

Bankers say it is unfair to charge what amounts to a “prepayment penalty,” which makes it additionally onerous to escape TARP. Bank representatives say the cost of buying back the warrants could be equivalent to paying 60% annual interest on short-term loans. That, they argue, would exacerbate banks’ existing problems.

(emphasis mine)

Awww….the poor little babies, they have a “prepayment penalty“, such a pity.

The irony is delicious.

D’oh! I Miss the Obvious!

And the Shrill One, Paul Krugman, catches it

So the market was greatly reassured when Tim Geithner declared that the “vast majority” of banks are well capitalized. Count me as baffled. …..

After all, there are a lot of banks in America. There are 1,722 institutions on the Fed’s list of “large commercial banks”. And I have no doubt that most of these banks — indeed, the vast majority — are in fine shape. That’s because they’re regional institutions that never got into the risky games played by the big guys.

But the big guys are where the money is. ….

The construction of the statement was odd, and I noticed it, but missed the connection, that about 20 banks control something in excess of ¾ of the assets out there. If 17 of those banks are insolvent, only 1% of the banks would be in trouble, but a majority of bank holdings would be wiped out.

Economics Update

Well, the IMF has updated its recession forecast for 2009, and their estimate has become much more pessimistic, with their estimate for contraction at -1.3%, down from -0.5%, they are also anticipating credit losses on the order of $4.1 trillion, and that the financial system will not stabilize until sometime in 2010.

Honestly, I still think that the new estimate is overly optimistic, but I’m a born bear.

This is born out by the fact that official UK economic predictions are that the British Isles will experience their fastest contraction since the end of the WW II, and Japanese exports are down year over year by almost ½.

That being said, we have some good news in real estate, with the Architecture billings index rising last month, and home were up 0.7%month to month in February, though prices are still down 6.5% year over year, but it’s the first two month price gain in about 2 years.

Additionally, mortgage applications are up, though this is largely refi activity, and the delay in foreclosures in California have returned with a vengeance, now that the little “holiday” created by the law changes that lengthened the time line from default to eviction has passed.

Banking still sucks though with Fannie and Freddie losses from defaults rising, Capital One’s losses on credit card defaults were worse than expected, as were Morgan Stanley’s losses (the cut dividends too), though Wells Fargo, who largely eschewed the high flying ways of the other large banks, had record profit and displaced Bank of America as the nation’s top lender.

In energy, oil rose slightly, despite reports of a growing inventory, and in currency, the dollar fell on reduced investor worries.

Faith and Pecora

Nancy Pelosi is now proposing a bipartisan commission to investigate the cases and abuses that have led to the current banking crisis.

It would be modeled after the Pecora Commission, which looked into the 1929 crash.

This ignores both recent, and less recent history, with the history of the Iran-Contra commission being that the Republicans would use it to obstruct any real investigation of Reagan’s arms for hostages swap, and the Pecora Commission itself, which really did not do much until the Dems took control of Congress, and unleashed their cheif counsel, Ferdinand Pecora.

The Republicans are far more venal and partisan than they were in 1987, and infinitely more so than in 1932, and the idea that they can be trusted even as spectators is a pipe dream.

Connecticut Treasurer Calls for BofA CEO Lewis to Be Removed from Board

CT state treasurer Denise Nappier, who is responsible for managing the state pension funds, which hold a significant stake in Bank of America, is calling for the CEO Ken Lewis to be kicked off the board, along with, “lead director O. Temple Sloan and chairman of the governance committee Tom Ryan.”

She is not calling for his removal, but rather separation of the rolls of chief executive and chairman of the board of directors, and other significant shareholders are in agreement.

There is a shareholder meeting in 8 days, so this should get interesting.

Pass the popcorn.

BTW, doesn’t Mr. Lewis take an awful picture? He looks mean, spiteful, selfish, and egotistical all at once.

He seems to look that way in all of his pictures….Maybe that’s the real him.

Economics Update


Scare Pic of the Day, Courtesy of The Big Picture

So, Timothy “Eddie Haskell” Genthner spoke before Congress, and said that most banks are adequately capitalized.

I guess that all depends on the definition of “banks”, “most”, and “adequately capitalized.”

At the same time, the inspector general charged with investigating the TARP says that there is a lack of transparency and safeguards in the program.

Once again, it looks like the only folks who are doing their job for the tax payers are the FDIC who are in discussions with Citi about firing CEO Vikram Pandit.

In energy, oil is up, but we are dealing with the switch over to June delivery contracts, and the dollar was mixed on unexpectedly high business sentiment in Germany.

On a note unrelated to economics, but related to the the article on Geithner, there was following picture, where you see the Code Pink protesters in the background.

These people piss me off. They seem to be dedicated to nothing more than mutual intellectual masturbation as guerrilla theater, and they do nothing but to convince decision makers that anyone who has less Wall Street friendly ideas is a DFH who does not deserve to be listened to.

These folks are playing to lose, but we all lose when they do so.

Treasury Formally Denies Right Wing Racist Nut Job Blog Post

White supremacist wing nut Hal Turner has posted on his blog (no link to him, ever) that he has an advance copy of the Treasury’s bank stress tests, and that it shows that 16 out of the top 19 banks are already insolvent.

Were it from anyone else, I might be inclined to believe it, as it jibes with my sense of the state of the banking industry, but from him, I’d just as soon ignore it.

Only, I’m posting about it, which begs the question, “Why are you reading this?”

The answer is that I’m posting because a Treasury Department Spokesman formally denied Turner’s claims:

A U.S. Treasury spokesman said there’s no basis to a blog posting that buffeted financial stocks by saying that most of the nation’s largest banks are insolvent.

Andrew Williams, a Treasury spokesman, dismissed the report from Hal Turner of North Bergen, New Jersey, “particularly given we don’t have stress test results yet.” Turner has advocated violence against blacks, Jews and immigrants on his Web site and Internet radio show, according to the Anti- Defamation League, created in 1913 to monitor anti-Semitism.

Why is the US Department of the Treasury responding to what amounts to semi-literate scrawls on the wall of a bathroom stall?

I see three possibilities, in no particular order:

  • Turner has a friend in the Treasury, who thought that an official denial would get him some air play.
  • He actually has preliminary stress test documents.
  • The Treasury has come to the conclusion that its credibility, and that of the US banking industry is so pathetically low that they have no choice but to respond.

Honestly, none of these alternatives are particularly good ones, and if I had to place a bet, it would be on the last one, which would indicate that in less than 100 days, Mssrs. Geithner & Summers have completely pissed away their credibility, and they know it.

Not Enough Bullets: AIG AND Goldman Sachs

Gee, it appears that the trustees that were appointed to keep the government from “interfering” in the affairs of AIG when they were taken over managed to select a man who owned over $3 million in stock in Goldman Sachs.

This might explain why AIG CEO Edward Liddy was so eager to pay back Goldman Sachs at 100¢ on those bogus AIG credit default swaps (CDS).

Seriously, just how much corruption and self dealing is Obama/Geithner/Summers going to tolerate before they start looking at criminality?

This is a lot worse than a, “$6000 gold-and-burgundy floral patterned shower curtain,” and the idea that the taxpayer can’t place conditions on aid, because the CEOs will choose their own pay over the well being of the taxpayer is the active and open looting of these companies by senior management.

It should be viewed as a criminal act.

I’m not saying that senior management cannot quit, but I am saying that if they are unwilling to act in the best interest of the shareholders, they should be fired.

Picking Industry Insiders for their “Experience” is Such a Good Idea

Because the corporate raider that Barack Obama has put in charge of the auto industry bailout has now been tied to a kickback scheme involving the New York state pension fund:

The man leading the Obama administration’s efforts to restructure the auto industry has been described in Securities and Exchange Commission documents as having arranged for his investment firm to pay more than $1 million to obtain New York State pension business.

Although he is not named in the documents, a person with knowledge of the inquiry said the investment executive is Steven Rattner, co-founder of the Quadrangle Group, the prominent private equity firm

Gee….Hoocoodanode that a man who is a corporate chop shop might be ethically challenged.

This is why expertise does not trump ethics and philosophy. Summers, Geithner, Rattner, etc. are all either wrong doers, or were until recently in the pay or wrong doers, and are largely responsible for the problem.

It’s like making an arsonist for hire your fire department chief.

Another Geithner/Summers Epic Fail for Consumers in the Works

So, now that the economy has turned down, and there is a real possibility that legislation limiting abusive credit card practices might pass Congress, the White House economic team is finally meeting with credit card issuers in order to address the issue:

A Capital One spokeswoman confirmed the meeting.

“We have been invited to the White House and look forward to a constructive dialogue,” she said.

On the eve of the White House meeting, the House Financial Services Committee is planning to consider credit card legislation aimed at reforming the industry, which is facing massive pressure to lessen debt burdens on cardholders, one source said.

Treasury Secretary Timothy Geithner, National Economic Council Director Lawrence Summers and other officials are planning to attend the meeting, but U.S. President Barack Obama is not, the sources said.

(emphasis mine)

Color me skeptical. Between Tim “Eddie Haskell” Geithner, who has been the big bank’s bitch since birth, and Larry Summers, who has taken millions just last year from hedge funds, I can’t see this as anything but an attempt to minimize reforms in the credit card industry.

Obama isn’t there because he wants plausible deniability when they come out with an “agreement” that is far weaker than anything going around Congress.

If it were otherwise, then they would be talking with Congress, not the credit card industry.

Economics Update

Well, let’s start with the good news, that the Conference Board’s consumer confidence index has risen to a 7 month high, I think largely on Obama being president more than anything else, seeing as how the manufacturing reports from the
New York and Philadelphia Federal Reserve Banks, continue to show contraction, though the press is still crowing about how these reports show that the rate of contraction is easing, despite the fact that manufacturing fell in March by the largest amount since VE day, almost 64 years ago.

Taking the rate of change month to month is stupid, it’s the noisiest way to measure things, but there is real pressure to report prosperity “just around the corner,” because the alternative is to make real systemic changes that would have to be to the disadvantage of people like bank and brokerage presidents.

The fact that housing starts fell again, (top pic) and the weekly jobless numbers remained at very high levels, they dropped a bit, but continuing claims (bottom pic) remained at scary numbers. (click pics to be taken to the Calculated Risk posts in question)

CRE is suffering too, with office vacancies rising to a 3 year high.

Citi actually reported better quarterly numbers than expected, losing about 18¢ a share, less than the forecast 32¢.

Part of the problem is that we are still seeing distressed bonds selling for 3.5¢ on the dollar:

Credit-default swaps traders set a value of 3.25 cents on the dollar for bonds of an AbitibiBowater Inc. unit to settle derivatives linked to the newsprint maker that’s now in bankruptcy protection.

The price means sellers of credit swaps guaranteeing as much as $1.1 billion against a default by the Abitibi- Consolidated unit would pay 96.75 cents on the dollar to settle the contracts. Eleven dealers, including JPMorgan Chase & Co., Barclays Plc and Morgan Stanley, bid in the auction, which was administered by Markit Group Ltd. and broker Creditex Group Inc.

Oh…..My…..Ghod!

This might explain why BankUnited has been given 20 days by regulators to find a buyer, or they will be shut down.

Meanwhile, oil rose slightly on the consumer confidence numbers, as did the US dollar and Pound Sterling.

Obama Plan to Nationalize Student Lending Meets Forces of Evil

Most notably Sallie Mae, which has a history of cheating students, bribing college financial aid officers, and contributing generously Congressional campaigns.

As Matthew Yglesias notes, the college lending giant’s “compromise”, would waste $17 billion a year as compared to direct loans.

Luckily, Obama can eliminate much of the fraud, waste, and abuse, by which I mean much of the private players in the student loan market, through executive orders, as well he should.

Do I Look Like a F&^%ing Idiot?

Goldman Sach’s CFO, David Viniar, says that he is mystified at why people care about the dealings between AIG and Goldman, “They’re one of thousands and thousands and thousands of counterparties and the results of any trading with AIG are completely immaterial to what we do…I am mystified by this fascination with AIG.”

People are interested because you bought phony insurance contracts (CDS’s) from them, and when they imploded, you got the taxpayer to pay out at 100¢ on the dollar, creating yet another subsidy for you corrupt bastards.

Even people who don’t understand the whole picture, they know that this is corrupt, and that they are being stuck with the check for this.

Your claim that profits on AIG deals, “rounded to zero”, in 2008 is bullsh%$. In a fair system, your firm should have lost millions, if not billions, were it not for yet another subsidy of you corrupt losers.

Breaking News: Wall Street Salary Caps Drive Away Assholes!

From the ever reliable Andy Borowitz:

As the federal government moves to institute salary caps for Wall Street executives, an increasing number of assholes are seeking employment elsewhere, a study confirmed today.

According to the report commissioned by the University of Minnesota’s School of Business, at a time when the economy needs experienced hands at the tiller, some of the financial world’s best-trained dickwads are fleeing the ship.

….

I need a screen wipe.