Category: regulation

Lincoln Follows the Poll Numbers, Goes Hard on Banks

Blanche Lincoln (D-AR), as head of the Senate Agriculture Committee, has significant input on derivatives legislation, because one of the oldest of the derivatives are commodity futures, things like pork belly futures, which is why it manages the Commodities Futures Trading Commission (CFTC).

The word has been that Lincoln would be almost as much of a road block ad the Republicans on meaningful reform, seeing as how her record is one of doing the bidding of insurance companies and bank.

It turns out that the word is wrong. Lincoln is requiring that derivatives trading be walled off from banking, as well as requiring the trades be done on open exchanges:

Goldman Sachs Group Inc., JPMorgan Chase & Co. and their biggest rivals would be forced to wall off derivatives trading operations from their commercial banks under a measure to be introduced by Senate Agriculture Committee Chairman Blanche Lincoln, a congressional aide said.

Lincoln, an Arkansas Democrat, will propose a “no-bailout provision” as part of an overhaul of derivatives regulation she plans to unveil today, according to the aide, who declined to be identified because the plan isn’t public. The measure aims to ensure banks don’t endanger depositors’ money with risky trading of over-the-counter derivatives, the aide said.

…………

Lincoln’s provision would bar swaps dealers from taking advantage of the Federal Reserve’s discount lending window, emergency liquidity functions and the Federal Deposit Insurance Corp.’s deposit guarantee. “It eliminates all of the advantages with the affiliation with an insured depository institution, which are profound,” said Karen Petrou, managing partner of Washington-based research firm Federal Financial Analytics Inc.

…………

It would also increase protections for clients by requiring swaps dealers to treat them as a fiduciary — obligating them to put customers’ interests ahead of the company’s, the aide said.

The measure requires most over-the-counter derivatives to be traded on exchanges or through clearinghouses. Companies that use swaps to hedge the cost of materials or other non-investment purposes would be exempted from the requirements, the aide said. Like the Volcker rule, which would ban commercial banks from proprietary trading, the wall-off provision would separate derivatives trading from traditional banking activities such as taking deposits and making loans.

Let’s be clear, this is very tough stuff, at least by the standards of the Congress, particularly the Senate.

She actually lambasted the administration for being too soft on banks:

“Proposals that I have seen from the administration have not gone far enough to prevent bailouts of ‘too big to fail institutions’ and could contain loopholes,” Lincoln said. “If we pass reform, it needs to be real reform. My proposal will go further than any other congressional or administration proposal to prevent future bailouts.”

I’m with David Dayen, this all happened within days of her primary challenger, Bill Halter (Reminder, he’s on My Act Blue Page) releasing ads saying that she was too close to the banking industry.

Everyone on Capitol hill know that her proposals will never go beyond a press release, and that behind the scenes, she will continue to do the big banks’ bidding.

This is just electoral politics, and a full court press from her Congressional Colleagues and the White House.

Put a Steak* Through It’s Heart

Click for full size



We See the problem here

The good folks at Bloomberg, no group of raving socialists have some graph pr0n.

What they are showing is something very basic: That when profits (and not stated, remuneration) in the financial industry skyrocket, this is not a sign of health in the economy, this is a sign of sickness.

It means that enormous amounts of resources are being redistributed to non-productive activities, essentially bankers shafting their customers and pocketing the difference:

In July 2008, [Deutsche Bank AG strategist Jim] Reid said that U.S. banks had made “excess profits” of about $1.2 trillion in the previous decade, compared with how much they should have made based on economic growth, and that those excesses would be wiped out. Since then, U.S. financial firms have written down the value of their assets by about $1.15 trillion, according to Bloomberg data.

“We are now all well aware that rather than overhaul a financial system that arguably contributed to the problems of the last two to three years, the authorities have created the conditions for the industry to thrive,” Reid wrote this week. “Only time will tell how the regulators and politicians will decide to address these imbalances.”

In any case, I spotted it on Kevin Drum’s blog, and he found it at Paul Kedrosky’s blog, but he begs to differ with Mr. Kedrosky’s analysis.

You see, Mr. Kedrosky’s thesis is that with rates at 0%, and the finance industry still not supplying the lubricant that keeps the economy moving particularly well, that even bad bankers can make a profit.

Mr. Drum, and I agree, sees the role of the bankers somewhat differently :

Wall Street is only full of bad bankers if you think the role of bankers is to provide efficient financial services to the rest of the economy. If you adopt the more correct attitude that the role of bankers is to make lots of money for bankers, then America has the best bankers in the world. And they’re proving it yet again.

(emphasis mine)

This is, of course the problem: What is good for the banks is increasingly bad for the country, which is why the finance industry, and all of the FIRE sector (Finance, Insurance, and Real Estate) needs to be shrunk back to historic levels of society.

Until one of the goals of regulation is a recognition that the FIRE sector is basically parasitic once it expands much beyond the bare minimum required, then part of the solution is to shrink it, and this needs to be an explicit goal of any new regulatory regime.

*It’s a reference to Damon Knight’s (very) short story eripmaV. Read the story, or buy the T-shirt with the story printed in full on it.

Economics Update

Well, today is jobless Thursday, and the the new unemployment numbers disappointed big time, with initial claims rising to 460,000, as opposed to falling slightly to 435,000, with the 4-week moving average rising 2,250 to 450,250.

On the bright side, continuing claims fell by 131K to 4.55 M, though one wonders how much of that was because of Tom Coburn’s petulant filibuster against extended unemployment benefits, which likely has depressed the number, which (full disclosure) has effected me directly. (Will no one rid me of ……… Oh, never mind.)

Meanwhile in consumer spending, February consumer borrowing fell at a -5.6% annual rate, wiping out, and then some, the growth in consumer borrowing in January that had economists crowing, though the Institute for Supply Management’s service sector index grew faster than it has since July 2004 in March.

On the brighter side, delinquencies in consumer loans fell in the 4th quarter of 2009.

In the world of national finance and central banks, we have a few developments with the 3-year, 10 year, and 30 year treasury notes falling and their yields rising, which implies that investors expect interest rates to increase, at least a bit.

Meanwhile, in central bank land, the Bank of England has left its benchmark interest rate and its quantitative easing unchanged, and the Bank of Korea also left rates unchanged.

In real estate, it’s been a pretty busy few days with the 30 year fixed rate mortgage hitting an 8 month high, which, unsurprisingly has depressed mortgage applications.

In residential real estate, foreclosures are still rising, and distressed home sales hit a new high of 29% in January, though delinquencies on sub-prime mortgages fell for the first time since 2006.

I’m thinking that the sub-prime delinquency rate fell because we have finally run out of people who have those mortgages who haven’t yet been forced out of their homes.

In commercial real estate, mall vacancies have hit an at least 10 year high, there are no records prior to this, and office vacancies hit 17.4%, the highest since 1994.

Meanwhile, in energy and currency, the bad job numbers drove crude prices down, and new concerns about Greece have driven the dollar higher.

Quote of the Day

This is as about as succinct a statement as to what needs to be fixed as anything that I have thus far seen:

Our position was simple: products having no economic purpose except to achieve questionable accounting, tax or regulatory goals; or that raise serious concerns that customers will use them to issue materially misleading financial statements; or that meet any of the other bullet points in the 2006 statement’s list, should, at a minimum, be labeled presumptively prohibited.

—Susan P. Koniak, George M. Cohen, David A. Dana and Thomas Ross in a New York Times OP/Ed

Basically, any transaction that has as a significant part of its purpose to obscure the material health of the firm should be be used only with prior approval.

Of course, it’s much to sensible to be adopted, either in regulation by Geithner,* et al, or in law by Congress.

*But remember, the Cossacks work for the Czar.

In China, He Would Already Would Be Dead

As would be the regulators and judges that Massey Energy CEO Don Blankenship has assiduously cultivated over the years.*

They would have been tried, convicted, and had a bullet in the base of their skull.

As it is, the Upper Big Branch Mine, where 25 miners have died and 4 are still missing, has a long history of repeated violations, 1,342 since 2005, and 50 just last month is a case of a wealthy business owner buying off the local Mandarins, and then having a very public disaster.

This is classically a situation where the Chinese legal machinery rolls into action and does a few executions for PR.

They’ve done it to corrupt brokers, and it appears that in this case, the model would be to execute Blankenship, the judge, and a few bureaucrats in the Mine Safety and Health Administration.

All in all it would make the world a better place, particularly in the case of Blankenship, whose company has left a trail of avoidable mining disasters behind it.

And then the meds kick in, and I remember that I oppose the death penalty.

*He quite literally bought a West Virginia Supreme Court justice some years back.

Yes, It Probably Is Abused

Something that popped up some time after I graduated school was the rise of unpaid internships, and it appears that authorities are beginning to look at them for labor and wage law violations:

With job openings scarce for young people, the number of unpaid internships has climbed in recent years, leading federal and state regulators to worry that more employers are illegally using such internships for free labor.

Convinced that many unpaid internships violate minimum wage laws, officials in Oregon, California and other states have begun investigations and fined employers. Last year, M. Patricia Smith, then New York’s labor commissioner, ordered investigations into several firms’ internships. Now, as the federal Labor Department’s top law enforcement official, she and the wage and hour division are stepping up enforcement nationwide.

Many regulators say that violations are widespread, but that it is unusually hard to mount a major enforcement effort because interns are often afraid to file complaints. Many fear they will become known as troublemakers in their chosen field, endangering their chances with a potential future employer.

I would be inclined to agree.

My father, my mother, and my older brother all went to the (lamentably now closed, at least until 2012) Antioch College, and I considered going there myself, and they had a co-op job program, where work credits were required to graduate, and this was for paid positions, so the idea of huge numbers of unpaid students doing scut work seems to me to be more of an opportunity to get free labor than of any legitimate educational need.

Additionally, I think that the growth of unpaid internships may hide a darker agenda, specifically that with the growth of this practice, and the necessity of this sort of experience to enter some fields, it creates an unlevel playing field for people in many fields:

While many colleges are accepting more moderate- and low-income students to increase economic mobility, many students and administrators complain that the growth in unpaid internships undercuts that effort by favoring well-to-do and well-connected students, speeding their climb up the career ladder.

Many less affluent students say they cannot afford to spend their summers at unpaid internships, and in any case, they often do not have an uncle or family golf buddy who can connect them to a prestigious internship.

Additionally, the laws regarding discrimination and sexual harassment appear not to apply to interns, since they are not employees, so the opportunities for abuse are rife.

Someone Explain This To Me

The Supreme Court just handed down a decision in Jones v. Harris, where investors sued brokers for excessive fees.

CNN has an article titled, “Mutual fund investors win Supreme Court victory,” and Reuters has an article titled, “Supreme Court hands victory to mutual fund industry.”

It appears that the court rejected the lower court ruling that, “That the competition that has developed among mutual funds in recent years is sufficient protection for mutual fund investors,” which would be construed as a win for investors, but retained the standard of, “fees are excessive only when they are so high they could not be the result of arm’s-length bargaining and bear no reasonable relationship to the services provided.

It sounds to me like they split the baby, which seems to be the SCOTUSblog’s take on this too, which would imply to me that we will see this back before the court in the next decade or so.

Another Whack at the Foreclosure Epidemic

And once again, it’s a swing and a miss, because once again, it’s an attempt to use the carrot on banks, a rather generous payout for principal reductions, along with giving banks an incentive to shovel their most toxic mortgages to the FHA, as opposed to a stick, in the hope that house prices somehow recover.

They won’t ever that is what “post bubble” means.

But once again, Larry Summers* and His Evil Minionsbailing out the banks, not the homeowners. The goal is to keep the toxic nature of the mortgages off of the banks’ books.

Little things, like banning prepayment penalties, which lock people into bad mortgages, and allowing mortgages to be modified in bankruptcy (cram down), would give lenders the incentive to deal fairly.

But that’s not gonna happen.

*But remember, the Cossacks work for the Czar.

Least Shocking News of the Day

According to polls, the American public thinks that Wall Street and the big banks are evil and they want them flayed and staked to anthills:

Most people interviewed in the Bloomberg National Poll say they don’t like Wall Street, banks or insurance companies and favor letting the government punish bankers who helped cause the worst financial crisis since the Great Depression.

OK, so maybe I exaggerate a bit, but it has the ring of truthiness, and they did not ask about flaying or anthills in the poll.

Even less shocking is the response of the banks to the news of these attitudes, a brand new PR campaign:

One of Wall Street’s main lobbying groups is starting an image-improvement campaign aimed at showing the financial industry as trustworthy and a positive force after more than a year of being chastised in Washington.

You know, if you stopped making your goal f%$#ing the ordinary American, people might like you more.

Federal Agencies Suing Over Bad Mortgages

The Federal Home Loan Bank (FHLB) is suing banks that made dodgy mortgage loans and then misrepresented them:

Last week, the Federal Home Loan Bank of San Francisco sued a throng of Wall Street companies that sold the agency $5.4 billion in residential mortgage-backed securities during the height of the mortgage melee. The suit, filed March 15 in state court in California, seeks the return of the $5.4 billion as well as broader financial damages.

Not also that the quasi-governmental GSEs, Fannie Mae and Freddie Mac, are suing too:

Fannie Mae and Freddie Mac may force lenders including Bank of America Corp., JPMorgan Chase & Co., Wells Fargo & Co. and Citigroup Inc. to buy back $21 billion of home loans this year as part of a crackdown on faulty mortgages.

Interesting times.

Full FHLB statement below fold:

Statement Regarding PLRMBS Litigation
March 15, 2010

Today the Federal Home Loan Bank of San Francisco (Bank) filed complaints in the Superior Court of California, County of San Francisco, against nine securities dealers in relation to certain of the Bank’s investments in private-label residential mortgage-backed securities (PLRMBS). The Bank is seeking to rescind its purchases of 134 securities in 113 securitization trusts, for which the Bank originally paid more than $19.1 billion. The Bank’s complaints allege that the dealers made untrue or misleading statements about the characteristics of the mortgage loans underlying the securities.

All of the PLRMBS in the Bank’s mortgage portfolio, including those identified in the complaints filed today, were rated AAA when purchased, based on the information provided by the securities dealers. The Bank employs conservative criteria and guidelines for all its MBS investments. The Bank invests in high-quality financial instruments to facilitate its role as a cost-effective provider of credit and liquidity to its member financial institutions. These investments support the Bank’s mission of promoting housing, homeownership, and community development by providing the Bank with greater financial flexibility in helping members meet the credit needs of their communities during all economic times and in funding the Bank’s Affordable Housing Program and other programs that create affordable housing and promote community economic development.

In filing these complaints, the Bank seeks to continue supporting its mission and to protect the interests of its member shareholders, which include over 400 community banks, credit unions, and savings institutions headquartered in Arizona, California, and Nevada that serve millions of consumers.

Unsurprising News

It turns out that when Pay Czar Ken Feinberg cut the pay of executives at bailed out firms, there was no rush for the exits:

For months, Wall Street banks and the troubled automakers feverishly protested that their top executives would flee if they were not lavishly rewarded for their talents. New data, however, suggests the departures were more of a trickle than a flood.

Of the 104 senior executives whose pay was set by the federal pay regulator in the last two years, 88 executives, or nearly 85 percent, are still with the companies even though their pay was drastically cut back, according to people briefed on the government data.

There are a number of reasons, including the fact that these”super geniuses” are really pretty toxic, and for the most part, really not much special.

Additionally, if you are getting “only” $2 million a year, you can still live pretty well on that, even in Manhattan, and it’s a pain looking for a job ………… Trust me on this one, it’s a real pain looking for a job.

And 15% turnover in 2 years, that might actually be less than normal.

Party Line Vote

Dodd’s weak tea financial reform passes the Senate Banking Committee.

Here’s hoping that the Barny Frank – slightly less weak tea – bill prevails in conference committee, though if the Dems were smart, they would use finance reform as a way to get the Republicans to vote for the fat cat Wall Street bankers, and then use those votes as a cudgel in November.

But that would require that Democrats find their spines, which I think is unlikely.

They do not realize that having a backbone is something that voters place a huge value on, perhaps even more than philosophy and policy.

That’s why the leading candidate in the Republican primary in Alan Grayson’s district is Alan Grayson, because voters vote for politicians with guts.

Fire Timothy Geithner Now

We have a couple new developments, first was that Merrill Lynch told both the SEC and the Federal Reserve Bank of New York that Lehman was cooking the books:

Securities and Exchange Commission and Federal Reserve officials were warned by a leading Wall Street rival that Lehman Brothers was incorrectly calculating a key measure of its financial health months before its collapse in 2008, people familiar with the matter say.

Former Merrill Lynch officials said they contacted regulators about the way Lehman measured its liquidity position for competitive reasons.

he findings raise questions over what federal regulators knew about Lehman’s accounting and when they knew it. In the account given by the Merrill officials, the SEC, the lead regulator, and the New York Federal Reserve were given warnings about Lehman’s balance sheet calculations as far back as March 2008.

Former and current Fed officials say even in the competitive world of Wall Street, it is un­usual for rival bankers to relay such concerns to the Fed.

It takes an awful lot to get one investment bank to rat out another, the first rule of Wall Street is never tell the regulators, and and the Federal Reserve Bank of New York, president Timothy “Eddie Haskell” Geithner, as well as the SEC, which was largely deferring to the NY Fed, decided to ignore it.

Actually, it’s more. Not only did Geithner’s Bank ignore the reports, it bought junk grade debt from Lehman in violation of the law:

As Lehman Brothers careened toward bankruptcy in 2008, the New York Federal Reserve Bank came to its rescue, sopping up junk loans that the investment bank couldn’t sell in the market, according to a report from court-appointed examiner Anton R. Valukas.

The New York Fed, under the direction of now-Treasury Secretary Tim Geithner, knowingly allowed itself to be used as a “warehouse” for junk loans, the report says, even though Fed guidelines say it can only accept investment grade bonds.

Meanwhile, the Fed and Geithner both strongly oppose a congressional measure to authorize an independent audit of the central bank and its lending facilities. The provision passed the House but is under attack in the Senate, where Banking Committee Chairman Chris Dodd (D-Conn.) says he hopes to stop it.

Without an audit, the Fed is able to conceal the specifics of what it holds on its balance sheet. If the Lehman deal is any indication, the Fed is hiding billions of dollars in toxic loans on its books.

“The Fed legally is forbidden from taking such assets. There’s a legal requirement that the Fed’s assets be investment grade,” Rep. Alan Grayson (D-Fla.) told HuffPost. Grayson, who is the cosponsor of the Grayson-Paul Audit the Fed measure that passed the House, said the Lehman scandal shows precisely why such an audit is needed.

Seriously, he cheated on his taxes, he’s aided and abetted the pervasive accounting fraud at Lehman, and he’s still in the bank’s pocket.

I understand that his successor will face a filibuster, but please, fire him, and go with a recess appointment.

It doesn’t matter that he knows where the bodies are buried if he’s a part of the gang what murdered the economy, and he’s still working flashing gang symbols to Dimon and Blankfien.

It’s Bank Failure Friday!!!!

And here they are, ordered, and numbered for the year so far, and these are, of course, in addition to the rather unusual Thursday closing yesterday.

  1. American National Bank, Parma, Oh
  2. Century Security Bank, Duluth, GA
  3. Advanta Bank Corp., Draper, UT
  4. Appalachian Community Bank, Ellijay, GA
  5. Bank of Hiawassee, Hiawassee, GA
  6. First Lowndes Bank, Fort Deposit, AL
  7. State Bank of Aurora, Aurora, MN

Some notes:

  • 7 Banks? Woah….
  • It’s been a bad week for Georgia banks (well, duh, 3 got closed).
  • There is some sort of joke about the bank closing in Fort Deposit, I’m just saying.
  • Advanta is a big fish. It was a major player in small business credit cards, and the parent company had declared bankruptcy (see here and here) after its credit card debt write-offs exceeded 20%

Here is the Full FDIC list

And we also have some credit union closings.

My bad here, I had the wrong link bookmarked, so I missed a few after the 1st of the year:

  1. Friendship Community Federal Credit Union, Clarksdale, MS on 2/25/10
  2. Mutual Diversified Employees Federal Credit Union, Santa Ana, CA on 2/26/10
  3. Lawrence County School Employees Federal Credit Union, New Castle, PA on 3/5/10

Full NCUA list

So, here is the graph pr0n: