Category: regulation

Part of Geithner’s PPIP is Dropped

Specifically, the so called “legacy loan program” has been “indefinitely postponed”.

Remember that in Treasury-speak, “legacy” is the word for toxic, and the program, which was to be run by the FDIC, could not get the banks to sell the loans.

According to FDIC chairman Sheila Bair, “Banks have been able to raise capital without having to sell bad assets through the L.L.P., which reflects renewed investor confidence in our banking system,” which actually makes no sense.

If they can sell the assets at a higher price because of federal guarantees, and the federal guarantees amounted to a subsidy of over 50%, which meant much higher prices than they would get otherwise, they would, except for one little thing:

Many banks have refused to sell their loans, in part because doing so would force them to mark down the value of those loans and book big losses. Even though the government was prepared to prop up prices by offering cheap financing to investors, the prices that banks were demanding have remained far higher than the prices that investors were willing to pay.

(emphasis mine)

The translation here is that if they sold their pieces of the big sh%$ pile, even with the government subsidy, they would lose so much water that it would be impossible not to recognize that the institutions were insolvent.

Basically, because of the dishonestly optimistic “stress tests,” and the banks strong-arming a change in mark to market rules by the Federal Accounting Standards Board, they can now, once again, hold this on their books at fictitious values, and so can pretend to be solvent, and go back to overpaying their incompetent senior executives.

Heck of a job, Timmy.

The “Tanned One” Charged with Securities Fraud


Here’s hoping that you get a really ugly cell mate, dude!

The Securities and Exchange Comission has charged the former CEO of Countrywide Mortgage, Angelo Mozilo, with securities fraud for insider trading.

Basically, he, former COO, David Sambol, and former CFO, Eric Sieracki, are accused of misleading investors about how crappy their lending standards were until they dumped their own stock.

This is not a criminal proceeding, but one hopes that it moves to that.

Economics Update

We have good news on the jobs front, with both new and continuing claims claims falling this week.

Continuing claims fell by 15K to 6,740,000, the first time that they have fallen since January 3.

We also have the rather Dickensian named Challenger Gray & Christmas reporting that corporate layoff plans fell in May.

Meanwhile, the consumer economy continues in the doldrums, with MasterCard announcing that consumer spending continues to fall, though not as quickly as earlier in the year, and the retail chain’s monthly sales reports missing expectations, though the 800 pound evil gorilla in the room, Wal Mart, has stopped reporting monthly sales figures.

Mortgage rates are continuing their climb, with the rate for a 30 year fixed mortgage hitting a 6 month high.

On the other side of the pond, both the European Central Bank and the Bank of England left their benchmark rates unchanged, which drove the dollar down, because there had been some expectation of a rate cut priced in.

Meanwhile, in energy, Goldman-Sachs predicted higher oil prices later this year, which, along with the employment data, pushed the price of oil up.

Banks Oppose Market Transparency

There are proposals out there to require that derivatives be traded in open regulated markets, and banks are cranking up the lobbying machine to kill this. (Also here and here)

The reason is that it will cost them a lot of money:

Potentially billions of dollars in revenue is at stake. An effort earlier this decade to improve transparency in the corporate-bond market ended up cutting bank fees by more than $1 billion in a year, according to some studies.

For CDS and other complex financial instruments, I would put the low end of savings at tens of billions of dollars a year.

How does transparency save costs for the buyers and sellers, and cost the banks money?

Well, if you have an asset nominally worth $100, a bank would list it for sale for their customer at, say $99, and list the price to buyers at $101, which means that the bank collect $2 on each transaction.

In an public market, where these spreads would be known, buyers and sellers pursue the lowest spread, so it would be closer to $99.90 and $100.10 respectively, and that’s money out of their pockets that could be spent on whores and cocaine.

Needless to say, the banks don’t want this, so they are rolling out all sorts of voluntary measures to increase transparency, which would be observed only in the breach once the moves to regulate fade into memory.

Bushie Takes the 5th

When I last wrote about PBGC head Charles Millard, who a large portion of the agency’s trust fund, and put it in the stock market just before the crash, I thought that it was just another case of another incompetent ideologue.

I was wrong. It’s Bush and His Evil Minions style corruption, baby!

The House Education and Labor Committee is now investigating his contacts with the investment banks that actually bought the stock, and generated over $100 million in fees.

So, they called Millard to testify, and he repeatedly invoked the 5th.

Sounds to me like he was throwing business their way in exchange for the possibility of a lucrative job offer.

Abolish the U.S. Office of Thrift Supervision


There they are, “cutting red tape,” 2 senior OTS officers, and 2 bank lobbyists.

The inspector general has issued a report, and we now know that the OTS approved or directed banks to backdate captital contributions in order to make the institutions that they regulated appear in better shape than they were.

And now these jokers are letting leveraged buyout experts buy into small community banks, despite the best efforts of the FDIC and the Federal Reserve has closed, allowing.

There is talk of regulatory fixes, and one is to prevent banks from forum shopping, so that agencies compete in this way to get more money from fees.

Doing away with the OTS would be a good start.

Regulatory Arbitrage

Remember the PPIP program, where the US government is going to subsidize the purchase of financial toxic waste in an attempt to clear out banks’ balance sheets?

Well, Sheilah Bair just said that banks will not be allowed to purchase their own toxic assets, which is a good thing, as it it turns the program into little more than a corrupt subsidy program to shake down the taxpayer…..Make than an even more corrupt subsidy program to shake down the taxpayer.

If you had told me 18 months ago that the most responsible member of Obama’s economic team would be a Bush holdover, I would have wanted whatever it was that you were smoking.

H/T Calculated Risk.

Our Economic Masters are Completely Insane

A profile of Brooksley Born, who ran the CFTC, and warned of the risks that unregulated derivatives posed in the market, has a profile in the Washington Post, which calls her the, “Cassandra of the Derivatives Crisis”.

I’ve related this story before, but this anecdote just shows how completely delusional Mssrs. Greenspan, Rubin, and Summers were:

Born’s baptism as a new agency head in 1996 came in the form of an invitation. Federal Reserve Chairman Alan Greenspan — routinely hailed as a “genius,” the “maestro,” the “Oracle” — wanted her to come over for lunch.

Greenspan had an unusual take on market fraud, Born recounted: “He explained there wasn’t a need for a law against fraud because if a floor broker was committing fraud, the customer would figure it out and stop doing business with him.”

This made no sense to her. She’d spent much of the 1980s defending clients caught up in a vast conspiracy by two wealthy brothers, Nelson and William Hunt, who duped investors while trying to corner the world silver market.

“After all,” Born said, looking back, “I’m a lawyer, and I think the existence of fraud prohibitions is critically important.”

But Greenspan was insistent, she said.

Finally, he said, “Well, Brooksley, I guess you and I will never agree about fraud.” (Greenspan did not respond to requests for comment. Daniel Waldman and Michael Greenberger, both top aides of Born’s, were briefed on the lunch at the time and independently confirmed Born’s recollection of the conversation.)

(emphasis mine)

Seriously, this is beyond ideological. This is quite literally completely detached from reality, and Alan Greenspan was viewed as a genius of unparalleled proportion at that time.

Economics Update

So, it looks like the ratings agencies are beginning to do their job.

Of course, this is at absolutely the worst possible time for the economy, because it means that Standard & Poor’s is considering downgrading a large portion of the best quality commercial mortgage backed securities (CMBS):

As much as 90 percent of so-called super senior commercial- mortgage backed bonds sold in 2007 may be affected as the ratings firm changes how it assesses the debt, New York-based S&P said today in a report. About 25 percent of the bonds sold in 2005, and 60 percent of those sold in 2006 may be cut.

(emphasis mine)

This, among other news, is driving rates up on CMBS, though rising rates on treasuries, despite the best efforts of the Fed to hold rates down are a contributing factor.

Basically, people believe that we will be seeing higher interest rates in the near future, which drives rates up, particularly longer term rates, which is why the spread between the 2-year and the 10-year treasury have hit a new record.

It’s why mortgage rates are on the rise, driving down new mortgage applications.

In other banking news, the FDIC’s problem bank list is now more than 300, the highest number in fifteen years.

Meanwhile in energy and currency, oil is up on Saudi statements that the world economy can “handle” $75-$80/bbl oil, and the dollar rose on concerns about bad housing data.

Zimbabwe Update

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

Basically, things are still screwed up, and it’s all thanks to little Bobby Mugabe.

While, the IMF is offering technical assistance to the government again, most of the potential donor nations are unwilling to provide aid until the see evidence that the government has gotten it’s sh%$ together.

The lofty phrase used is, a “Commitment to economic stabilization, restoration of the rule of law, respect for property and human rights, and freedom of expression,” but it basically comes down to the fact that everything that ZANU-PF touches becomes a miasma of corruption and incompetence.

What they are really saying is that Reserve Bank of Zimbabwe governor Gideon Gono has got to go, after creating the hyperinflation that made multi-trillion $Z banknotes necessary, and also the stealing from private accounts.

Finance minister Finance minister Tendai Biti has accused the RBZ of operating illegally, and he’s probably right.

Meanwhile Gono has complained to Prime Minister Morgan Tsvangirai about the “attacks” against him.

Dude, in any sane world, a the word to describe a central banker who engineered a 516,000,000,000,000,000% inflation rate, prices doubling every 2 days or so, would be unemployed.

Just be glad that they are not trying to throw you in gaol…Yet.

Gono is where he is because he is a ZANU-PF loyalist who manages to create enough money to keep the ZANU-PF cabal satisfied.

This has led various aid agencies to take measures to avoid the government, and government agencies when distributing aid.

The MDC has called for his removal, see here and here, and have called for international intervention to remove him, see here, here, here, and here.

This has, of course, upset the delicate sensibilities of ZANU-PF officials, and Mugabe has dug his heels in on this too, probably because he needs him to, “pay the entourage.”

What a damn mess.

Reading Between the Lines: FDIC Assessment

Props to Margaret Chadbourn at Bloomberg, who sees a change in policy and recognizes its significance.

Specifically, she notes that the FDIC will be assessing an emergency assesment on banks in order to shore up their insurance fund, and she sees a real change in policy:

U.S. banks will pay an emergency fee based on their assets to rebuild the Federal Deposit Insurance Corp.’s reserves, putting a greater burden on large banks to replenish the fund amid the fastest pace of failures since 1994.

The FDIC voted 4-1 today to impose a fee of 5 cents per $100 of assets, excluding Tier 1 capital, backing away from a proposal of 20 cents per $100 of insured deposits. Local bankers said the fee on deposits could erase more than half their 2009 earnings. The fee will rebuild the fund that started the year at $18.9 billion, the lowest since 1994’s first quarter.

(emphasis mine)

Fees have traditionally been assessed on deposits, not assets, but the problems with bank failures, particularly among the giant banks are dodgy asset problems, so it serves to hit the big banks harder, who are less well capitalized on the basis of deposits.

It adds cost to risk, and it is a significant, and I hope permanent, change.

FASB Rule Will Force Banks to Move Assets Onto Books

Effective for reporting periods after November 15 of this year, the Federal Accounting Standards Board (FASB) is requiring that the assets of Qualifying Special Purpose Entities (QSPEs) be reported “on the books”.

Yes, I know your first question, “Can I have that translated please?”

The quick translation is that these are “off balance sheet entities,” which are used to conceal losses and risk.

Here is a snapshot:

Lenders recorded profits before the U.S. subprime mortgage market collapsed in 2007 by selling pooled loans to off-balance- sheet trusts, which repackaged the pools into mortgage-backed securities. Banks then sold those securities to other off- balance-sheet vehicles they sponsored, concealing from investors that the securities were backed by deteriorating mortgages.

As to the next obvious question, “What does this all mean?”, it means that significant losses and risks which, until now, have not been a part of many financial institutions reporting, will be reported, and significant losses will result.

How much?

Well, the article says about $900 billion, but my guess is that this is low, because one is always shocked when one turns over a rock.

“Move Quickly” Means that the Taxpayer Getting Boned By the Banks

So, Timothy “Eddie Haskell” Geithner is saying that the Treasury will move quickly to sell the warrants it got for the TARP money.

The warrants, basically stock options, were there to ensure that taxpayers would share in the upside, as well as the downside, but now he’s looking to “move quickly” to sell them.

The devil is in the details:

Big banks may value their warrants at an amount that is hundreds of millions of dollars below the prices that other models might generate, the Treasury official said. That range makes it hard for the government to find a price that protects taxpayer funds without penalizing the banks.

Geithner today reiterated that the government can sell the warrants back to the bank or to a third party.

Translation: How do we cut a sweetheart deal for the banks?

Because if the Treasury actually believes that the banks are truly solvent, and will survive, then the warrants are worth tens, if not hundreds, of billions more than what we the taxpayer will get for them.

This Article Makes Me Feeling Queasy

A New York Times financial reporter describes how he got tied up in the foreclosure crisis.

I guess the article is a good description of the mania that gripped the nation,* but it makes me feel like a peeping Tom, so I let it percolate in my mind for a while.

It’s informative, but it made me feel like I was intruding to read it.

*Well, not so much me, I bought a house in 2004 with a 30 year fixed rate mortgage and 20% down, at only about a 15% greater payment than the half a duplex I was renting, I had to move, and so I bought, even though I though houses were overpriced.

It’s About Bloody Time

There are indications that the government is pressuring Bank of America to make major changes in the composition of its board.

Basically, they want people who actually understand banking to be the directors of a bank, imagine that.

When juxtaposed with FDIC Chief’s Sheila Bair’s comments saying to expect that some bank CEOs will be given their walking papers, though the FDIC walked backed from the statement later, is a good sign.

We own the banks, now lets fire the rat bastards who broke them.

Bank Failure Friday on Thursday

BankUnited, FSB, Coral Gables, FL, which is no surprise. BankU has been dead man walking for at least 2 weeks.

It’s the biggest failure of the year, and 2nd biggest ever, only exceeded by the failure of Indymac last year.

It’s the 34th bank failure of the year.

The closure will cost the FDIC $4.9 billion, almost doubling the amount of money that it has shelled out so far this year.

As to why do this on Thursday, probably because they have a very busy Friday planned.

Before the President’s Day weekend, there were 4 bank closings, the most this year, and my guess is because they had an extra day to straighten things out before the banks had to open their door, so I would expect this 3 day weekend to be very busy.

Full FDIC list.

Martha Coakley Must Have Pictures of Them Doing an Underage Goat

Because that’s about the only way that I can see that the Massachusetts Attorney General managed to pry $60 million from Goldman Sachs for engaging in deceptive loan and loan securitization processes.

$50 million dollars to the home owners, and $10m in fines to the state, which will reduce principal on, “first mortgages by 25-35% and second mortgages by 50% or more.”

Yes, I know, it’s a typical “no wrongdoing admitted” deal, but she had to have found an awfully big club to use on them.

I wonder what it was.

Where Are the Slime Going to Flow?

One of the arguments about the obscene compensation on Wall Street is that they have to pay in order to keep their “talent” from jumping ship.

Brendan Coffey looks at this, and notes that these folks really have no where to go:

  • Hedge funds: They are shutting down, and now that they aren’t making double digit returns people are not interested in 2% of assets and 20% of gains any more.
  • Private Equity: It’s dependent on cheap credit, there isn’t that much any more, and it likely won’t be in the near term.
  • Foreign banks: Compensation for CEOs, except for the UK’s “The Street”, which is sicker than Wall Street, their CEOs make less than a lot of junior traders get for bonuses.

If these whiners are so sick of this, and threatening to jump ship, let’s not throw them a life raft when they land in the water.