Category: regulation

Why Is The Fed Freaking Out About Disclosure?

Between the Bloomberg court case demanding FOIA Releases and Congressman Ron Paul’s increasingly popular legislative proposal to audit Federal Reserve programs, it is pretty clear that the Federal Reserve is in full panic mode.

Here are what I think are the likely motivations, in order of increasing plausibility:

Henry Blodget suggests that the Fed, and the banks are concerned that the release of this data will lead to a bank run, as it did with Reconstruction Finance Corporation (RFC) in early 1933.

They are not suggesting that any new problems will be revealed, but that the mere fact that banks have used Fed lending facilities will trigger a panic.

I find this unlikely, simply because there is deposit insurance now, and as such small depositors will no longer freak, as a result now, and the large players already know who is in bad shape, and everyone knows that everyone has availed themselves of these facilities.

It is clear that this is what the banks suggested in their filing on the Bloomberg case, that added transparency will lead to excessive rumors, which is, of course laughable. It is lack of transparency that fosters rumors, so find this argument unpersuasive.

Karl Denninger suggests a scenario, that I consider to be more likely, that the banks and the Federal Reserve have been lying through their teeth, and that the real state of affairs is truly awful, and upon discovery of a program of systemic lies and accounting tricks with the Federal Reserve at its core will cause institutions to implode, much as the discovery that Bear Stearns and Lehman Brothers were lying caused them to implode:

The problem The Fed has is that as the supposed “risk regulator” for the American Banking System it has absolutely refused to do its job of prudential regulation and still is. Instead of demanding that its member banks hold capital against all unsecured lending it has “blessed” models rather than markets. But at the same time it has declared “haircuts” against collateral that make clear that so-called “face value”, or “par”, is a farce.

The Fed is supporting institutionalized lying – that is, the intentional mis-marking of assets. If The Fed was an honest regulator and monitor of market risk it would insist that no bank carry an asset at a value materially higher than its “haircut” off par at the window. After all, the penalty rate for discount window use already discourages banks from coming there; the “haircuts” must (and I argue do) reflect what The Fed actually believes about the quality of these alleged “baskets” of asset classifications.

If The Fed believes that these asset classes have this sort of haircut from face value in the market how does it justify allowing any bank under its jurisdiction holding such “assets” at a higher value on their balance sheet?

(emphasis original))

Mr. Denninger calls this “Racketeering,” and an , “attempt to cover up outrageous and repeated failures to comply with US Securities laws,” I think that he is not far from the truth.

Another possibility that no one has mentioned, is that likelihood that in revealing this information, the Federal Reserve will be revealed to have lied to Congress, and possibly to the US Treasury, in some cases under oath, and that Bernanke does not want to be the target of a grand jury investigation.

Finally, Occam’s razor says that the most likely explanation is usually the simplest, and the fact is that transparency does not serve either the banks or the Federal Reserve.

For the banks, this money would be cast as more bailout, and there would be more pressure on restricting executive pay.

For the Fed, knowledge is power, and by becoming more transparent, the Fed will inevitably become less powerful, and any bureaucracy will fight this tooth and nail.

FWIW, my guess is that the last 3 likely all figure into this, that is the discovery of massive concealed losses, the worry about perjury charges, and simple bureaucratic imperative.

It’s Bank Failure Friday!!!!

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

  1. Corus Bank, N.A., Chicago, IL
  2. Brickwell Community Bank, Woodbury, MN
  3. Venture Bank, Lacey, WA

Note that with assets of $7 billion, Corus is a large bank failure, the 3rd largest bank failure of the year.

A lot of these smaller banks would be alive if Obama, Geithner, and Summers weren’t so determined to make the “to big to fail” zombies even bigger.

Full FDIC list

The Return of the Fixed-Price Development Contract

Case in point, the next iteration of the Small Diameter Bomb, the SDB II, will be have a fixed price development contract.

This represents a welcome change in philosophy:

The theory is that technologies should be mature enough (technology readiness level 6, or tested in an operationally relevant environment, in Pentagon parlance) to enable accurate cost and schedule estimates by industry bidders competing for a development contract. This approach shifts more responsibility to contractors to keep their proposal promises. For the Pentagon, however, there is also risk. Requirements must be well-articulated and not altered in order to reap the benefits of a fixed-price contract. Once change orders are requested, leverage over contract price is lost.

I would actually go further, and make cost and schedule unalterable requirements statutorily, and prohibit, and possibly criminalize, any effort made by contractors and procurement personnel from changing this.

The article notes that this change is, “Raising questions among some industry executives about how much risk they will have to assume as they compete for Defense Dept. business,” but this is not surprising.

Defense contracting under Bush and His Evil Minions was an exercise in all reward, no risk, for defense contractors, which resulted in skyrocketing costs, horrendous schedule slips, and a dearth of solutions for the Marines and soldiers on the ground.

Zim Update

Well, it’s been about a month, so it’s time for another update on what is happening in Zimbabwe.

The two biggest pieces of news are Robert Mugabe’s health, he is 85 years old, and there are officially denied rumors that he has gone to Qatar for prostate cancer treatment, and he has missed some significant meetings.

Additionally, we are beginning to see senior ZANU-PF members vying for position, with, for example, someone having put up the party youth group (I assume that this mean young adults) to call for the removal of John Nkomo and Joyce Mujuru from the party presidium.

We are also seeing the situation with the Chiadzwa diamond fields get out of hand,with a threat by the world Diamond Council to suspend Zimbabwe from the Kimberly Process certification, which would label one of their few sources of hard currency “blood diamonds,” though threat comes with a statement which immediately backtracks from the threat, though they are making noise about revisiting the issue in November.

The Parliament has also opened an investigation into the accusations of brutality, corruption, and slave labor, and the World Federation of Diamond Bourses has made a call for the prompt release of the Kimberly report.

The reason that this is significant is because it is a sign of loss of control by Mugabe. It’s fairly clear that he feels that he cannot give the order for the Zimbabwean military to stand down in Chiadzwa because it would eliminate one of the few remaining means that he has to bribe reward loyalists, and it is unclear if the army would obey if he were to give the order.

This is an indication that Mugabe is losing power within ZANU-PF as people look to his exit.

On a more prosaic level, it looks like Mugabe is trying to kill Tsvangerai again: He has had to sack somemembers of his security team for “misplacing” transport for a significant portion of his security detail, which left him ill-protected…..Then again, maybe I’m just a cynic.

Meanwhile, the Mutambara faction of the MDC appears to be in the process of self destructing, with conflicting claims as to who leads the MDC-M, reports that the party has split in 3 parts, 3 MDC-M MPs moving to join the MDC-T, and Mutambara being unable to convince an MP from his own party to step down and take an ambassadorship in order to allow deputy president Gibson Sibanda to keep his position on cabinet as Minister of State for National Healing and Reconciliation. (The constitution prohibits a cabinet post being held by someone not an MP for more than 3 months)

We had Zuma taking over for the completely useless and biased Mbeki as mediator, and while we got some strong language, such as Zuma calling Mugabe’s behavior in negotiations deviant, but the results, despite Tsvangerai’s pleas for action, have not gone beyond a SADC call for an extraordinary summit.

Most notably, you have the issues of Reserve Bank of Zimbabwe Governor Gideon Gono and Attorney General, Johannes Tomana, both tremendously corrupt and incompetent ZANU-PF loyalists, which means that the power of the purse and state violence (though both the police and military) remain firmly in the hands of Mugabe.

With the elimination of the $Z as a currency, this has reduced Gono’s power to pay off people, but he is once again attempting to reintroduce the local currency, though Finance Minister Tendai Biti is fighting him tooth and nail on this.

The harassment of MDC members of parliament continues, with police making trumped up arrests of opposition MPs.

It’s clearly an attempt to reduce the MDC majority in parliament, since once convicted, they can no longer serve, and so there would have to be by-elections.

The problem for the ZANU-PF with this strategy is that they are polling in the single digits, (also here).

ZANU-PF has proposed 5-year extension on the current 1-year freeze on elections, but the MDC has made it clear that it has no interest in such a proposal.

The 2nd of ZANU-PF is to make elections impossible, either by pleading poverty, or by refusing to staff the election board created by the unity government agreement.

Meanwhile, the IMF has issued $400 million in foreign currency reserves, which would be good news, except for the fact that Gideon Gono (remember him?) is insisting that he is in charge of disbursing all these funds.

I’d sooner have Bernie Madoff managing that money.

Cramdown Has Returned

And it is about bloody time.

Barney Frank has announced plans to reintroduce a bill to give bankrputcy judges the ability to modify mortgages, it appears that the banks got cocky, and promptly forgot promises of voluntary mortgage mods, as the picture (from here) shows.

It appears that members of Congress are shocked that banks are not willing to do mortgage mods, when they:

  • Cost them money.
  • Require them to post the losses to their balance sheets immediately, as opposed to marking them to face value for the next few years.

Campaign contributions and lobbyists are a much better investment than helping people.

Economics Update

Unemployment Chart Pr0n Courtesy Calculated Risk

Well, we have the initial unemployment claims out now (government link), and it appears to point to improvement. Initial claims were 550,000, a decrease of 26,000 from the revised figure of 576,000 (but the initial figure was 570,000, so the drop is 20K, not 26K apples to apples), the 4 week moving average was 570,000, down from 572,250, and the continuing claims number(seasonally adjusted) was 6,088,000, down 159,000 from last week’s revised level of 6,247,000 (only continuing claims were revised up from 6.23m, so the apples to apples drop is actually 142K, not 159K).

Anyone else knowing a pattern in revision numbers, or is it just me?

BTW, note that the continuing claims number drops as people lose benefits or move to emergency unemployment claims.

In any case, with foreclosures up 18% year over year, and poverty rate hitting an 11 year high, 13.2%, things really don’t indicate a rapid improvement.

The weekly claims number needs to be below 400K before we will start seeing increases in employment.

Additionally, we have a leading indicator in Japan, machinery (capital) orders are in the toilet, with orders being the lowest since the start of the survey in 1987.

I’d also stay out of the stock market, as insiders selling continuing to go crazy, and when people sell their own stocks it’s because they know something, even if this knowledge is not sufficient to trigger an criminal or civil investigation.

In the world of central banking, the Bank of England is leaving its benchmark unchanged, and continuing with bond purchases (quantitative easing).

Bonds did fairly well today, with the yields on mortgage backed bonds and US treasuries prices rising, which means that the yields are falling………Unless, of course, you are talking about Polish government bonds, which look to be heading into the world of hurt that their Baltic Republic neighbors are feeling.

Meanwhile, a week inventory report has pushed crude oil up, and the US dollar was up marginally, though whether this is a turn, or just a breather, is unclear.

The End of the Ratings Agency?

We are seeing two things going on here.

First, we have a crisis in confidence in the ratings agencies, best exemplified by the decision of state insurance regulators reviewing their reliance on ratings agencies:

State regulators scheduled a hearing to review their reliance on ratings firms in grading insurers’ financial strength and whether changes are needed after the plunge of top-ranked bonds exposed flaws in credit scores.

If people no longer believe in ratings agencies, then they no longer have a business.

They business is quite literally a confidence game.

This, however is a long term problem.

The more immediate problem is that the Courts have finally got a clue, and determined that in the presence of evidence, email messages specifically, that these agencies were “putting lipstick on a pig,” that the ratings agencies can be held liable for fraud, and that these opinions, which they sell not subject to 1st amendment protections.

There are clear indications, emails and the like, that the ratings agencies were deliberately issuing inaccurate ratings in order to boost market share and consulting income.

David Einhorn explains why the recent suit against the ratings agencies is so catastrophic:

Their ratings business is entirely dependent on a lack of legal jeopardy, and they have now lost this.

Doubtless there will be some sort of ratings business, but I expect it to be very tightly regulated, or possibly done by a federal agency.

And then there is this bit of Panglossian crap:

Note the comment at about 6:10,

There has already been a shift. There’s a recognition; there’s potential liability, and any intelligent compliance officer at the investment bank, at the major money managers, are going to say, “We have to do something about this,” and they are in the process of changing their practices.

I would not trust this guy to manage a lemonade stand.

First Comes the Denial

Case in point, the Federal Housing Administration (FHA), which is now denying that the increasing rates of defaults on the mortgages that it backs will require a bailout.

Next should come a statement of health, then a statement of robust health (or some synonym), and then comes the bailout.

Here is the statement from the FHA commissioner:

We will not comment directly on the FHA’s capital reserve ratio until we receive the annual actuarial study. However, contrary to certain misconceptions, the Congressionally-mandated capital reserve ratio, which the annual actuarial study calculates, measures EXCESS reserves above and beyond projected losses over the next 30 years. Even if that level falls below 2%, FHA continues to hold more than $30 billion in its reserves today, or more than 5% of its insurance in force. Given this reserve level, FHA will not need a congressional subsidy even if the congressional capital reserve ratio falls below 2%. Furthermore, FHA’s full faith and credit insurance means that there is no risk to homeowners or bondholders independent of the congressional capital reserve requirement. New FHA loans being issued today are not only critical to our economic recovery, but in addition, FHA continues to make money for the taxpayer; in fact, we project FHA’s FY 2010 book of business will produce $1.4 billion for the U.S. Treasury.

We believe you…..

Economics Update (Yesterdays)

Not much going on, it was labor day, so most of the markets and regulatory announcements didn’t happen.

That being said, it looks like we may have a couple new candidates for bank failure Fridays, with the Federal Reserve imposing restrictions on two correspondent banks, Nebraska Bankers’ Bank of Lincoln, NE, and Midwest Independent Bank of Jefferson City, MO.

Correspondent banks are “banks for banks”, they provide clearing services, participate in large loans, etc. Silverton Bank was a correspondent bank.

We are also seeing more clouds on the horizon with insurance, with the cost of reinsurance increasing.

Reinsurance is basically insurance of the insurance companies, they sell risk to each other in order to spread the risk, and revenues, around.

As an aside, while I have been ranting about how the next crash is CRE, it might be insurance.

We are seeing more optimism among manufacturers, with the Price Waterhouse Coopers survey showing a 27% improvement, which may mean that people are going to start restocking inventories.

In energy, oil was basically flat at $68.05/bbl, while in currency, the Yen rose against both the Euro and the dollar.

Why Mortgage Workouts are Failing

Martin Andelman, the founder of the Mortgage Lender Implode-O-Meter, has a pretty good explanation as to what is going on.

Basically, it comes down to the games that bankers play.

With the Federal Accounting Standards Board (FASB) backing down on reality based accounting of banks (here for background), it means that banks are continuing to account for these mortgages at full face value, but would have to write down these assets if they renegotiated the loan:

Why would a bank chose to foreclose and evict when there’s already someone living in the house who would love to buy it. By modifying the loan, the bank won’t have to pay all the associated costs of foreclosure, and then put the property on the market where it might not sell for some time. Selling an REO? Lucky to get 50% in some areas. Why not just write down the loan for the homeowner and save all the trouble? Again, it makes no sense.

Until I went back and thought about the partial suspension of the accounting regulations imposed under FAS 157 & 159, which applies only to banks and only as of last April or May, I believe. That’s when I started feeling queasy.

Under the partial suspension of the FSAB accounting rules, the banks don’t have to write down Level 3 [an asset without a regular market] assets to market value, if they state that the bank has no plans to sell the assets for an extended period. In other words, if the bank says that it’s not going to sell a given house anytime soon, they can keep it on its books at its full fictional value.

If they renegotiate loans, they rapidly become officially insolvent.

Of course, this means that by the standards of the reality based community, they are already insolvent.

As much as it pains me, I think that Andelman is wrong on blaming Timothy “Eddie Haskell” Geithner on this. The FASB set up these rules independently of Treasury, and under pressure from Congress, not from the T-men.

Not Enough Bullets

Just when you thought that the parasites on Wall Street could not come up with a more repulsive way for them to generate commissions, they have created securitization of dead peasant insurance:

The bankers plan to buy “life settlements,” life insurance policies that ill and elderly people sell for cash — $400,000 for a $1 million policy, say, depending on the life expectancy of the insured person. Then they plan to “securitize” these policies, in Wall Street jargon, by packaging hundreds or thousands together into bonds……

……

Either way, Wall Street would profit by pocketing sizable fees for creating the bonds, reselling them and subsequently trading them……..

Paul Volker was once quoted as saying something like the only financial innovation that has benefited society in the past few decades was the ATM machine.

He’s right.

Financial “innovations” should be treated like the FDA treats (or used to treat, before they started taking pharma money for their tests) drugs. It does not hit the market until proven safe and effective.

Did the FDIC Cave to Private Equity Buccaneers?

This is a real conundrum, because while the FDIC’s vote to lower Tier 1 capital requirements for private equity purchasers of banks from 15% to 10% appears to be a capitulation, there is a twist in these regulations, in that the regulation does not call for 15% Tier 1 common equity, not just Tier 1 assets:

Under the rule that was adopted, such banks will have to maintain a 10% capital ratio, but the definition of capital isn’t Tier 1, it’s Tier 1 common equity.

Tier 1 common equity is close to tangible common equity, which is a stronger measure of capital than simple Tier 1.

Common equity is the best cushion of all because it sits in the first loss position. Preferred equity — which is included when calculating Tier 1 but excluded when calculating Tier 1 common — failed totally last year. Banks had issued a bunch in late ‘07 and early ‘08 in order to boost Tier 1, but because common was nearly overwhelmed with losses, investors higher up the capital structure panicked.

To be sure, the switch to common won’t have any effect on the day-one economics of these deals. Subordinated debt is wiped out when FDIC takes failed banks into receivership.

But this will discourage private equity guys from polluting the capital structure down the line. Hybrid debt issuance that would qualify as capital under Tier 1 won’t qualify under Tier 1 common.

Additionally, they will require that this level of capitalization be maintained for 3 years, and be audited more frequently to ensure that necessary capital is maintained.

I think that it is still an undeserved win for private equity pirate types, but it’s better than it appeared at first glance.

How Matt Taibbi Changed Goldman Sachs

It’s clear that he’s got them rattled, because they are trying to claim that hostility toward them is motivated by antisemitism, and their marionette, Timothy “Eddie Haskell” Geithner, has felt it necessary to deny that Treasury has a tilt toward Goldman.

The idea that either GS or the Treasury would actually feel defensive about this would have been ludicrous just a few months ago, but now everyone has heard of That great vampire squid wrapped around the face of humanity.*

It appears that he has them scared.

*Alas, I cannot claim credit for this bon mot, it was coined by the great Matt Taibbi, in his article on the massive criminal conspiracy investment firm, The Great American Bubble Machine.