Category: regulation

Now I Wish I Were Irish

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And it has nothing to do with harps, beer in its various forms, the natural beauty of the land, or the stunning red heads with milky white skins.

Instead, I envy them their banking regulators:

Allied Irish Banks, the lender that is being bailed out by the government, has decided not to award senior staff about 40 million euros ($53 million) in bonuses for 2008 after the country’s finance ministry intervened late Monday.

Ireland’s finance minister, Brian Lenihan, told RTE radio on Tuesday that it was “galling to think” that at a time when taxpayers were investing in the bank, 36 million to 40 million euros “would be paid out of that bank to employees in respect to bonuses during a period that the bank got itself into the difficulties it is now in.”

The bank has already received 3.5 billion euros in government aid.

The ministry acted after months of public outrage over the bonuses to be paid to 2,400 senior bank managers at a time when Ireland was seeking an international bailout of 85 billion euros, largely because of weaknesses in its banking sector. In a letter Monday to the Allied Irish board, Mr. Lenihan said that further cash injections by the government — which the bank desperately needs — were dependent on the condition that no bonuses be paid.

“The provision of further state funding to A.I.B. will be conditional, inter alia, on the nonpayment of any bonuses, no matter when they may have been earned,” Mr. Lenihan wrote. He told the cabinet at a meeting Tuesday that the provision on the bonuses would be added to a bank restructuring bill being discussed.

I wish I lived in a country that regulated its banking sector as honestly and effectively as the Irish.

If you are uncertain as to whether that last sentence is serious of sarcastic, well so am I.

It’s Bank Failure Friday!!!!

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And here they are, ordered, and numbered for the year so far.

We broke 150 failed banks for the year.

  1. Paramount Bank, Farmington Hills, MI
  2. Earthstar Bank, Southampton, PA

Around July, it looked like there would be about 190 failed banks for the year around July, but the pace has slackened significantly.

For historical reference, here is the Full FDIC list for banks, and the Full NCUA list for credit unions.

So, here is the graph pr0n with trendline (FDIC only):

And Here’s Another Shocker from Barack Obama

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It turns out that his pay freeze proposal will cripple the staffing of the Consumer Financial Protection Bureau:

Rep. Barney Frank (D-Mass.) said this week that exceptions may have to be made to President Barack Obama’s proposed pay freeze in order to effectively implement the Wall Street reform bill.

………

Frank said on Thursday he would support providing exemptions to the pay freeze if regulatory agencies, including the Securities and Exchange Commission (SEC) and the Commodities Futures Trading Commission (CTFC), can show they are needed to hire the appropriate talent.

………

In July, SEC Chairman Mary Schapiro announced that her agency intends to hire 374 new employees in 2011. She also indicated that to meet the requirements set out in the Dodd-Frank bill, the agency will need to hire up to 800 staff in total.

Mr. Frank, you are being naive. The fact that the pay freeze cripples agencies that regulate the big banks is not a bug, it’s a feature.

Surely, after all he has done to protect the big banks, you can’t think that he will allow the regulatory agencies to staff up with competent and motivated people to actually reign them in?

Silly Congressman, don’t you know that laws are for whistle-blowers, not bankers!

It’s Bank Failure Friday!!!! (on Saturday)

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There were no failures of FDA insured institutions, so the count remains at 149, but we did see a credit union closing:

  1. Constitution Corporate Federal Credit Union, Wallingford, CT

My bad, I am a couple of weeks late on this, the credit union was actually closed on November 19, so I am 2 weeks late.  Here is the full NCUA list

This is the longest stretch so far this year, 2 weeks, without a bank or credit union closure, just so you know.

So, here is the graph pr0n with trendline (FDIC only):

I would note that are now at the point where the utility of the least squares trendline is diminishing, but I’m keeping it here for historical purposes.

Don’t Audit the Fed

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Waterboard their lily white flabby asses until they release the data that they are required to!

Even though the (weak tea) Dodd-Frank financial reform bill requires the Federal Reserve to release data on the collateral that they received for loans during the crises, the “sh%$pile for cash” program, so that people can see the risks that they took, the Fed is withholding this data:

The Federal Reserve withheld details on individual securities pledged as collateral by recipients of $885 billion in central bank loans, denying taxpayers a measure of the risks they faced from its emergency aid.

The central bank yesterday released data on 21,000 transactions from $3.3 trillion in emergency lending to stem the financial crisis. July’s Dodd-Frank law required the Fed to disclose the names of borrowers, the size and interest rates of loans, and “information identifying the types and amounts of collateral pledged or assets transferred.”

What is going on here is that the Fed is trying to cover its ass, and the only question is whether what they did was merely myopic, or actually illegal.

My money is on the latter.

H/t Yves Smith.

Another Day, Another Sellout by an Obama Flunky

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This time, it’s FCC Chairman Julius Genachowski making a proposal that would place a fig leaf on the elimination of net neutrality.

There are a number of problems:

  • It does not cover wireless, except for vague language.
  • Paid priority is acceptable so long as it is not “unjust and unreasonable,” which allows Comcast to gig over the internet video to prop up its cable business.
  • It is likely not legal, since the court of appeals has already said that the FCC has little or no authority to regulate to regulate Title I (information services), and the plan refuses to reclassify the services as Title II (communication services), where there is explicit statutory authority.
  • How actual infractions would be handled are unclear.

I would also point you at comments by the President of Public Knowledge, and would further note that PK, as well as Harld Feld’s commentary on Wetmachine are probably good starting points for developments.

The FCC meeting will be on December 21, and the Republicans on the board, 2 of the 5, have already announced that they will oppose any regulation, so it’s possible that Genachowski will have to move in the consumer’s direction to deal with his more consumer friendly board members.

Federal Reserve Releases Dodd-Frank Audit Results

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So they are out, they are voluminous, and I have neither the time nor the expertise to to review them all, I here is what I’ve seen in other people’s commentaries.

We see loans at absurdly low rates and self dealing, the Fed’s commercial paper program was dominated by European banks, and surprise, surprise, Goldman Sachs actually needed the aid that it claimed to only grudgingly accept.

The full Federal Reserve press release is after the break:

Press Release

Release Date: December 1, 2010

For immediate release

The Federal Reserve Board on Wednesday posted detailed information on its public website about more than 21,000 individual credit and other transactions conducted to stabilize markets during the recent financial crisis, restore the flow of credit to American families and businesses, and support economic recovery and job creation in the aftermath of the crisis.

Many of the transactions, conducted through a variety of broad-based lending facilities, provided liquidity to financial institutions and markets through fully secured, mostly short-term loans. Purchases of agency mortgage-backed securities (MBS) supported mortgage and housing markets, lowered longer-term interest rates, and fostered economic growth. Dollar liquidity swap lines with foreign central banks helped stabilize dollar funding markets abroad, thus contributing to the restoration of stability in U.S. markets. Other transactions provided liquidity to particular institutions whose disorderly failure could have severely stressed an already fragile financial system.

As financial conditions have improved, the need for the broad-based facilities has dissipated, and most were closed earlier this year. The Federal Reserve followed sound risk-management practices in administering all of these programs, incurred no credit losses on programs that have been wound down, and expects to incur no credit losses on the few remaining programs. These facilities were open to participants that met clearly outlined eligibility criteria; participation in them reflected the severe market disruptions during the financial crisis and generally did not reflect participants’ financial weakness.

The Federal Reserve is committed to transparency and has previously provided extensive aggregate information on its facilities in weekly and monthly reports. As provided by the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010, transaction-level details now are posted from December 1, 2007, to July 21, 2010, in the following programs:

  • Asset-Backed Commercial Paper Money Market Mutual Fund Liquidity Facility (AMLF)
  • Term Asset-Backed Securities Loan Facility (TALF)
  • Primary Dealer Credit Facility (PDCF)
  • Commercial Paper Funding Facility (CPFF)
  • Term Securities Lending Facility (TSLF)
  • TSLF Options Program (TOP)
  • Term Auction Facility (TAF)
  • Agency MBS purchases
  • Dollar liquidity swap lines with foreign central banks
  • Assistance to Bear Stearns, including Maiden Lane
  • Assistance to American International Group, including Maiden Lane II and III

Additionally, discount window and open market operation transactions after July 21, 2010, will be posted with a two-year lag.

The data made available Wednesday can be downloaded in multiple formats, including Excel, at www.federalreserve.gov/newsevents/reform_transaction.htm. The Excel files allow users to search, sort, and filter the data for each program in multiple categories. The site also provides explanations of each program as well as definitions for the data elements.

In the case of broad-based facilities, details provided include the name of the borrower, the amount borrowed, the date the credit was extended, the interest rate charged, information about collateral, and other relevant credit terms. Similar information is provided for the draws of foreign central banks on their dollar liquidity swap lines with the Federal Reserve. For agency MBS transactions, details include the name of the counterparty, the security purchased or sold, and the date, amount, and price of the transaction.

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Never doubt the ability of Democrats to completely f%$# up the basic business of government. Remember the food safety bill that the Senate recently passed? Well it’s <a href=” />unconstitutional because it is a revenue bill that originated in the Senate, when the Constitution explicitly requires all revenue bills to originate in the house:

In what amounts to an epic constitutionality #fail, Senate Democrats may have blown their chances to see their food safety bill signed into law.

The U.S. constitution requires that any revenue-raising bill must originate in the House of Representatives. To honor this provision, the Senate often finds a discarded old House bill, strips it bare, and uses it as a “shell” and passes it back to the House.

They somehow forgot to do that this time.

Now House and Senate Democratic leaders are scrambling to figure out some procedural hocus-pocus that will allow them each to pass identical pieces of legislation before they leave for the holidays.

So our choice today is between the forces of evil and the gang that can’t shoot straight.

I Was Wondering When This Would Happen

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The deed recorder for South Essex, Massachusetts asking for an investigation of MERS to see if they illegally evaded recording fees for mortgage assignments:

“It’s a basic issue of fairness. MERS says that if you are a member of their club, you can avoid fees on assignments of mortgages forever. Those are fees that everyone else pays,” [deed recorder John] O’Brien said. “I’ve never before heard of a private company that has attempted to unilaterally take over such a public function as property recordation. Imagine if someone tried to do this with drivers licenses.”

Silly man, don’t you know?  The banksters don’t have to obey the laws!

Here is hoping that he gets his investigation, and he nails those bastards to the wall.

H/t Atrios.

F%$# the Federal Reserve

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The Federal Reserve, in response to repeated instances of wrongdoing and fraud by banks against mortgage owners, has decided to issue a new regulation gutting the right of rescission for fraudulent activities, citing “compliance costs”:

Hundreds of consumer, civil rights, legal services, community and labor groups and private and public interest attorneys representing homeowners, along with the coalition Americans for Financial Reform, urged the Federal Reserve Board to withdraw a proposed rule that would destroy a key legal tool to unwind illegal loans and avoid foreclosure.

“We are astonished that, with the nation facing its greatest foreclosure crisis since the Great Depression, the Board’s proposal would eliminate the single most powerful legal tool that homeowners currently have to stop wrongful foreclosures, the federal right to rescind an illegal loan,” said Margot Saunders, Counsel to the National Consumer Law Center.

Basically, what rescission says is that if the loan was fraudulent, then the contract is broken, the lender cannot foreclose, and all interest, penalties, and fees revert to the homeowner, though the lender is still due his principal………Eventually.

The Fed’s proposed new rule says that you can get rescission only after the principal has been repaid in full, essentially gutting that right, it allows for much larger misstatements by the bank as to the estimated monthly payments and in the total amount of the loan.

Additionally, they are proposing changed the rule on reverse mortgages that forbade issuers to require the purchase of another product as a condition for that loan, so now, so long as it is at least 10 days from the issuance of the reverse mortgage, it will be hunky dory, which has the AARP seriously pissed off.

This is egregious enough that the New York Times inveighed against this change in regulation.

I’m mad enough to agree with Ron Paul, and suggest that we shutter the Federal Reserve completely, or at least transform it from a quasi-private entity into one that is more responsive to politics.

Actually, my preferred position is to leave it in charge of monetary policy and money supply, and strip all regulatory powers from it, since it has shown itself to be completely unwilling and unable to create or enforce balanced regulations on the banks.

It’s Bank Failure Friday!!!! (2 days late)

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No bank failures this week, so the number of FDIC insured institutions remains at 149 (Full FDIC list here), and the number of closed credit unions remains at 15 (Full NCUA list here).


So, here is the graph pr0n with trendline (FDIC only):

I would note that are now at the point where the utility of the least squares trendline is diminishing, I don’t see the total number of closed banks getting anywhere near the 174 predicted by the line, though I do think that the final number will be north of 150.

It’s Bank Failure Friday!!!!

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And here they are, ordered, and numbered for the year so far.

  1. Gulf State Community Bank, Carrabelle, FL
  2. Allegiance Bank of North America, Bala Cynwyd, PA
  3. First Banking Center, Burlington, WI

Full FDIC list

So, we haven’t hit 150 failures yet this year, but it’s pretty clear that we will, even though it seems to be trending down a bit over the past few months.

So, here is the graph pr0n with trendline (FDIC only):

I would note that are now at the point where the utility of the least squares trendline is diminishing, but I’m keeping it here for historical purposes.

Economics Update

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The good news is that foreclosures fell in October, the bad news is that this was just temporary, as the banks paper over their fraudulent, and likely criminal, behavior.

An better indicator of the indicator of the health of the housing market right now is house prices, which fell 5% in the three months ending in October.

Outside of real estate though, the numbers look better, with retail sales rising significantly and credit card card defaults falling, though one month does not a trend make, particularly with sales numbers being driven by volatile auto, food, and fuel sales.

On the other side of the Pacific though, things are looking up as the South Korean central bank boosted its benchmark rate by 25 Basis Points (¼%), implying that they are now more worried about their economy overheating than about a double dip recession.

FDIC Moves to Boost Assessments on Large Banks

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This is a good thing. If banks are too big to fail, then their insurance costs should reflect this:

The Federal Deposit Insurance Corp. proposed shifting the burden for protecting depositors against bank failures toward larger lenders whose reliance on riskier funding sources may pose a greater threat to the financial system.

The FDIC board today approved two proposals for overhauling assessments for its deposit insurance fund, including one that would base the fees on banks’ liabilities rather than their domestic deposits. The fee proposal, a response to the Dodd- Frank financial-regulation law, would increase assessments on banks with more than $10 billion in assets.

“This proposal achieves the goals of the Dodd-Frank Act to change the assessment base to better reflect risks to the deposit insurance fund,” said FDIC Chairman Sheila Bair. The measure is subject to a 45-day comment period.

If we make too big to fail too expensive to exist, I can live with that.

Not Enough Bullets

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The high frequency trading firms are ramping up their lobbying efforts to keep their front-running of markets legal:

The high-frequency trading industry is stepping out of the shadows in Washington.

Closely held companies with undisclosed profits and obscure names like Getco LLC, Hard Eight Futures LLC and Quantlab Financial LLC, are beginning to act more like Wall Street banks, cutting checks to politicians, forming trade groups and hiring lobbyists and ex-regulators. They’re looking to fend off tighter rules and appease lawmakers who say the firms disadvantage small investors and contribute to wild swings in stock prices.

While the companies, which use high-powered computers to execute thousands of trades in milliseconds, aren’t approaching the big banks in Washington spending, they have more than quadrupled their political giving over the last four years, a Bloomberg News analysis shows. The top recipients include Eric Cantor, set to become House majority leader, and several incoming senators who won in last week’s Republican rout.

Among other things, they are worried that the SEC will limit their ability to manipulate stocks by doing things like submitting large number of orders and then canceling them.

Excuse Me While My Head Explodes

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So, someone in the Obama administration is floating the idea that it would be a good to make (likely soon to be former her election is still to close to call) Congress woman Melissa Bean head of the Consumer Financial Protection Bureau? (CFPB)

Yes, the Democrat most hostile to both to banking regulations in general and to the CFPB in general, is being mooted by some idiot in the Obama administration economic team *cough* Timothy “Eddie Haskell” Geithner *cough* being the first official head of a bureau dedicated to protecting consumers from predatory lenders.

If Elizabeth Warren played the role of Martin Luther, protesting the corruption in the system by nailing her 95 theses to the door of the church, then Melissa Bean is the Church of Wall Street’s Temple Prostitute, selling indulgences.*

And someone in the Obama white house wants her to head the CFPB.

Never heard of Melissa Bean? Well Jane Hamshire has the bill of particulars: (quoting)

Seriously, if Barack Obama nominates her for this post, it will show that he is completely in the pocket of the banking industry.

To be fair, this could be an administration official, *cough* Timothy “Eddie Haskell” Geithner *cough*, free lancing, but I am inclined to see this as deliberate and calculated. This administration revels in message control.

*Yes, I know, this is a badly mixed metaphor.