Systemic Risk Bill: Amendment suggestion

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By Josh Rosner - October 31st, 2009, 5:02PM

I have another suggestion for the Systemic Bill. Someone should demand language, or file an amendment, that states:

‘Directors, Officers, senior management and consultants of any institution that draws on the industry funds created under this title or receives any relief or is subject to any other actions provided for under this Title shall, for a period of 5 years after such relief or support, be prohibited from becoming employed as Director, officer, senior manager or consultant at any regulated institution or an affiliated holding company or operating subsidiary’.

The Board should attest that they have no directors, employees, consultants in violation of this and regulators should issue a PCA letter if one is in violation.

Regulators should use PCA

1- it would cause greater focus and concentration on risk management and best practices.

2- it would cause whistle blower directors and silent objectors management to step down. This is a good thing and will drive investors to differentiate well managed firms from those who lose people and would force regulators to be aware of problem institutions.

3- Well run institutions to have a larger pool of potential quality officers and management to hire and those management would be rewarded with reputational advantage and renumenration.

The Madoff Halloween Mask

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By Barry Ritholtz - October 31st, 2009, 4:30PM

Enjoy your Halloween today:

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bernie mask

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Hat tip Dealbook

Rosner Says Stability Act Would Hurt Small, Medium Banks

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By Josh Rosner - October 31st, 2009, 3:00PM

http://www.youtube.com/watch?v=pIuwVJ-WqnY

We need to really push back against the TBTF industry’s lobbying pitch that forcing them to shrink or break them up will cause them to be “uncompetitive”. This is a false notion and the only link they have for arguing against a requirement they reduce their size and scope, by imposing uneconomically high capital requirements or trust-busting.

If we fail to achieve this reduction in size and risk, the rest of the world will become uncompetitive given the lower cost of capital that the “implied government guarantees” will provide the. Ergo, these banks will further destabilize their non TBTF peers with their uneconomic pricing.

The House Financial Services Committee is now going to try and avoid real change by requiring that the industry “prefund” a failed bank clean-up fund. This is another avoidance of the reality of the problem. The mere acceptance that there are TBTF institutions IS the issue. Forcing the rest of the TBTF instituions to pay in advance rather than after doesn’t solve the problem, is unworkable and will cause greater probems given that:

- At the time one TBTF institution is in trouble there is a great liklihood that the liquidity of the others will be impaired;

- To force an institution that may manage its risks well to stand ready to pony up large percentages of its equity to support poorly managed competitors will support a race to zero in risk management as the good actor is forced to race to zero in his activities knowing that he is currently will lose market share to the poor practices of his peer and will later pay for the clean-up of his peer.

- Instead of playing this game we should place severly high capital requirements and charge deposit insurance (not based on deposits). This would force them to rethink their business plans. Then THEY could decide if it is better for their investors for them to be TBTF. Once determined they would either pay to play or sell off units (to the benefit of shareholders) and become more manageable, less risky and no longer TBTF.

- Also, we should demand that legislation spell out, in plain English, that the entire capital structure of a TBTF institution be wiped out, and its holding company held responsible as a source of strength, before taxpayers are exposed to a single dollar of loss.

Expanding on the “unleveled playing field”, as I wrote this week on New Deal 2.0:

http://www.newdeal20.org/?p=5836

Those who argue against a more proactive reduction in risk and size of TBTF institutions will, as always, revert to an argument that strikes a natural chord in every American’s heart: ‘Doing so would create an unleveled international playing field for our institutions relative to their international competitors.’ Level playing fields are a worthy goal, but this is not a relevant argument. Instead, this tired bromide must be resoundingly dismissed on several counts:

* Those countries with the largest banks as a percentage of GDP (Iceland, Ireland, Switzerland) demonstrated that a concentration of banking power can cause significant sovereign risk and tilt global economic playing fields away from that country.

* The likely breakups of ING, Lloyds and KBC suggest that it is we who seek to support an unlevel playing field where we subsidize our TBTF banks while other nations recognize the policy failures of moral hazard. If we continue down this path we will likely be at risk of violating international fair trade regimes.

* When the “unlevel playing field” argument is cited, keep in mind this reasoning supports the disadvantaging of 8000+ community banks relative to our largest banks, all in the name of protecting big banks from government- subsidized international competition.

* There is no longer any evidence that, beyond a cost of capital advantage that comes with implied government support, there are sustainable and tangible economies of scale arising from being the largest. The financial supermarket concept has been proven a failure. The only ones who benefit are the high-level executives.

* We must demand that our legislators no longer allow unelected officials at the independent Federal Reserve to sign international accords created by the TBTF banks through supra-national bodies like the Basel Committee.

* Are we to believe that if we did not have such large and globally dominant firms, US borrowers might be paying more that the 29% interest that several of the TBTF firms are now charging on their card accounts? Perhaps we should think about what advantage our population has gained as a result of our financial institutions being such a large part of our economy or being globally dominant.

* Since when did we accept a national strategy of following rather than leading? When we do what is right, others follow. As example, consider the bank secrecy havens — they made money for a bit. Now, even the Swiss and the Cayman authorities are coming around to our view.

* We are already at a disadvantage given that the largest foreign banks operate in the US without any tier one capital requirement and yet most large, foreign banks have not built a bricks and mortar presence here. Nobody screams about their undercapitalization nor has that undercapitalization caused deposits to migrate to foreign banks.

Also published at:

http://www.huffingtonpost.com/joshua-rosner/congress-and-tbtf-bring-i_b_338325.html

http://www.ritholtz.com/blog/2009/10/congress-and-tbtf-–-bring-in-the-bomb-squad/ (amazingly angry and thoughtful comments at this one)

Josh Rosner’s TV Rant on TBTF

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By Barry Ritholtz - October 31st, 2009, 11:30AM

Nice job calling out them weasels and the clowns.

Joshua Rosner, managing director at Graham Fisher & Co., talks with Bloomberg’s Matt Miller and Carol Massar about proposed U.S. financial stability legislation. Banks, hedge funds and other financial firms that hold more than $10 billion in assets would pay to rescue companies whose collapse would shake the financial system under draft legislation crafted by a House panel.

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click for video
rosner rant

Source: Bloomberg

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If the legislation goes through, the Obama administration may end up being just as ruinous, if not more so, than the Bush administration.

9 More Bank Failures

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By Barry Ritholtz - October 31st, 2009, 11:00AM

Nice:

“The Federal Deposit Insurance Corporation (FDIC) entered into a purchase and assumption agreement with U.S. Bank, NA, of Minneapolis, Minnesota, a wholly-owned subsidiary of U.S. Bancorp, to assume all of the deposits and essentially all of the assets of nine failed banks. The nine banks were closed this evening by federal and state bank regulators, which appointed the FDIC as receiver.

The nine banks involved in today’s transaction are: Bank USA, National Association, Phoenix, Arizona; California National Bank, Los Angeles, California; San Diego National Bank, San Diego, California; Pacific National Bank, San Francisco, California; Park National Bank, Chicago, Illinois; Community Bank of Lemont, Lemont, Illinois; North Houston Bank, Houston, Texas; Madisonville State Bank, Madisonville, Texas; and Citizens National Bank, Teague, Texas. As of September 30, 2009, the banks had combined assets of $19.4 billion and deposits of $15.4 billion.  (emphasis added)

The nine banks had 153 offices, which will reopen as branches of U.S. Bank beginning tomorrow during their normal business hours…”

And:

“U.S. authorities seized nine failed banks on Friday, the most in a single day since the financial crisis began and the latest stark sign that substantial parts of the nation’s banking industry are being crippled by bad loans.

The move brought the total number of failed banks in 2009 to 115 — their highest annual level since 1992 — with analysts expecting more to come. Among the lenders seized Friday was Los Angeles-based California National Bank, in what was the fourth-largest U.S. bank failure this year.

The largest institution to fail in the current financial crisis was Washington Mutual, which boasted $307 billion in assets when it was shuttered in September 2008.”

Nothing to see here, move along . . .
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Source:
U.S. Bank, NA, of Minneapolis, Minnesota, Assumes All of the Deposits of Nine Failed Banks in Arizona, California, Illinois and Texas
FDIC, October 30, 2009

http://www.fdic.gov/news/news/press/2009/pr09195.html

Nine U.S. banks seized in largest one-day haul
Sam Mircovich and Edwin Chan
Reuters, October 30, 2009.

http://finance.yahoo.com/news/Nine-US-banks-seized-in-rb-2593260864.html

Barron’s Survey: The Bull is Still in Charge

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By Barry Ritholtz - October 31st, 2009, 9:49AM

bear kabongI have not crunched the numbers of Barron’s Big Money Poll — but I am curious if it operates as a reliable contrary indicator.

I would need to look at 30 years or so of the data to draw any statistically valid conclusion.

However, I cannot help but look at the amusing graphic that accompanies the article and wonder a bit about the contrary interpretation; At least the title –  Treading Carefully — is more circumspect than the graphic!:

AMERICA’S MONEY MANAGERS are still bullish about stocks, even after a blistering eight-month rally. But they also know from recent experience that trees don’t grow to the sky, and bears don’t disappear; they merely hibernate. So call our latest crop of Big Money bulls hopeful but cautious, too, about how much life is left in this rally, and how many bargains remain.

Nearly 60% of the professional investment managers responding to Barron’s fall Big Money poll say they are bullish or very bullish about the stock market’s prospects through the middle of next year. That’s the same percentage of bulls as in our spring survey, and a sure sign the pros regarded the market as severely oversold when the Dow Jones Industrial Average fell to 6547 in early March — a 12-year low.

Today’s bullish investors see the major stock indexes making steady progress through next June, amid signs the U.S. economy is on the mend after a searing recession. The latest evidence came Thursday, when the government reported that U.S. gross domestic product grew 3.5% in this year’s third quarter, spurred by stimulus spending. That is the first uptick in a year.

Go back to the Q1 Survey and see how Bullish, as a group, the money managers were . . .

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click for larger graphic

Economy barrons survey

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Source:
Treading Carefully
JACK WILLOUGHBY
Barron’s NOVEMBER 2, 2009

http://online.barrons.com/article/SB125694262091319627.html

Catching Argentinian Disease

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By John Mauldin - October 31st, 2009, 7:45AM

November 30, 2009
By John Mauldin

Catching Argentinian Disease?

The Ascent of Money

The Independence of the Fed Threatened

A Few Quick Thoughts on the Dollar, GDP, and the Recession

Uruguay, Philadelphia, Orlando, and then…

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I have been in South America this week, speaking nine times in five days, interspersed with lots of meetings. The conversation kept coming back to the prospects for the dollar, but I was just as interested in talking with money managers and business people who had experienced the hyperinflation of Argentina and Brazil. How could such a thing happen? As it turned out, I was reading a rather remarkable book that addressed that question. There are those who believe that the United States is headed for hyperinflation because of our large and growing government fiscal deficit and massive future liabilities (as much as $56 trillion) for Medicare and Social Security.

This week, we will look at the Argentinian experience and ask ourselves whether “it” – hyperinflation – can happen here.

The Ascent of Money

I will be quoting from Niall Ferguson’s recent book, The Ascent of Money. I cannot recommend this book too highly. In fact, I rank it up with my all-time favorite book on economic history, Against the Gods, by the late (and sorely missed) Peter Bernstein. There are very few books I read twice. There are too many books and not enough time. This book I will have to read at least three times, and soon, and I have a lot of underlines and mark-ups in it already.

If there were one book I could require every member of the Congress to read, it would be this one. As I read it, I am struck again and again by how fragile and yet resilient our economic systems are. Fragile in the sense that governmental policy mistakes, no matter how well-intentioned, can destroy the wealth of a nation, and resilient in that it doesn’t happen more often.

In his introduction Ferguson writes, “The first step towards understanding the complexities of the financial institutions and terminology is to find out where they came from. Only understand the origins of an institution or instrument and you will find its present day roles much easier to grasp.”

As is often said, those who do not understand history are doomed to repeat it. If you want to understand what is happening in the economy, what the consequences of our choices could be, then I strongly suggest you get The Ascent of Money. It is easy to read, engaging, full of moments where you are led to pull together different ideas into an “Aha!” Ferguson is a brilliant writer and historian, and we are lucky to have this book at a time when it is sorely needed. (order it at Amazon.com)

As I have been writing, the United States in particular, and the developed world in general, are faced with a series of very unpleasant, if not downright bad choices. The time for good choices was ten years ago. Now we face the prospect of painful decisions, no matter what we do. It is not a matter of pain or no pain, of somehow avoiding the consequences of our bad decisions, it is simply deciding how much pain we will take and when, or allowing the pain to build up to a climactic event. Today we look at what I think would be the worst choice of all.

Read the rest of this entry »

For Fox Sake!

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By Barry Ritholtz - October 30th, 2009, 4:00PM

Brilliant!

The Daily Show With Jon Stewart Mon – Thurs 11p / 10c
For Fox Sake!
www.thedailyshow.com
Daily Show
Full Episodes
Political Humor Health Care Crisis

Friday Reading

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By Barry Ritholtz - October 30th, 2009, 3:30PM

A few worthwhile reads before the weekend:

Credit Ratings Now Optional, Firms Find (WSJ)

•  Why the Goldman Sachs-AIG Story Won’t Go Away (Bloomberg)

Victory for Obama Over Military Lobby (NYT). Now what about Banking Lobby?

Why Didn’t Inventories Go Up? (Norris)

Mortgage Payments Declined in Q3 (Real Time Economics)

Fed’s Regional Chiefs ‘Fight’ for Monetary Policy Independence (Bloomberg)

5 Nightmare (not forecasts) Scenarios for the Economy (MoneyWatch)

Investors Sense Rout in Stocks After 8-Month Rally (Bloomberg)

For Equestrians, a Buyer’s Market in Horses (NYT)

•  Scott Brown on Why America Is Finally Ready for Doctor Who (Wired)

Its the weekend, I am getting ready for some extensive travel — time to fire up the Tardis!

What are you reading (in or out of a small blue police box)?

Dylan Ratigan as Thomas Jefferson

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By Barry Ritholtz - October 30th, 2009, 2:00PM

Visit msnbc.com for Breaking News, World News, and News about the Economy

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