A very interesting paper by the Networks Financial Institute authored by R. Christopher Whalen co-founder and managing director of Institutional Risk Analytics.
A lengthy and detailed discussion of the roles played by the Federal Reserve, Congress, the banking sector and others in the current crises. Essentially they new it would end badly, deliberately promoted and fostered it and now squander our Tax Dollars in an attempt to clean it up and preserve the status quo. While demonstrating that the too big to fail or jail banks call the shots.
Caleb Lawrence
Excerpts below, the article while lengthy is well worth a read and can be found here:
am Superman: The Federal Reserve Board and the Neverending Crisis
During the 2007-2009 financial markets crisis, the Fed seemingly left behind the mandate to conduct monetary policy in such as way as to achieve price stability and full employment. Specifically, the decisions taken during the financial crisis seem to be an effort to placate political constituencies by bailing out private sector banks and, earlier, by not exercising appropriate prudential supervision of Fed members banks and bank holding companies (BHCs). It needs to be said that nowhere in the Federal Reserve Act (FRA) or the various employment acts passed by Congress over the past half century is the central bank charged with maintaining sound money. Enlightened self interest, however, suggests that a central bank that overtly embraces the use of inflation through mechanisms such a quantitative easing to subsidize the issuance public debt by the Treasury and various government sponsored entities (GSEs) is in political terms signing its own death warrant.
The focus by the Fed on credit expansion, as opposed to price stability and interest rates, and a lack of attention to choices being made with respect to market structure and the regulation of Fed member banks served to make the crisis of 2007-2009 far more difficult than ought to have been the case.
In short, there seems to be operating at the Fed, on the one hand, a belief that financial institutions can be managed from on high, in the same top-down fashion as is used in the execution of monetary policy. On the other hand, there is also an unwillingness among the leadership of the central bank to admit when they are wrong, especially when it comes to the development or recognition of systemic risks in the financial system and for the reasons discussed.
In a 2008 interview, Roger Kubarych described how officials of the Federal Reserve Bank of New York were told by a respected market participant as early as February 2007 that the failure of New Century Financial was the start of a larger contagion in the private market for subprime asset-backed securities (ABS), yet the warnings were ignored.9 More, this author has personally interviewed scores of bank supervisory personnel over the past eight years who knew that subprime originators such as Washington Mutual (WaMu) and Countrywide were in trouble as early as 2006. Indeed, WaMu had begun to shrink assets and show signs of distress as early as the end of 2005.
Had Chairman Greenspan and the FOMC raised interest rates sooner, the bubble in the housing market might not have been nearly as large, but the U.S. economy might well have weakened rapidly because of a basic lack of economic strength, a problem that continues to the present day. Henry Kaufman, among others, has warned for decades about the connection between monetary “gradualism” and instability in financial markets. Given the dramatic increase in Fed monetary intervention in the most recent crisis, the warnings of Kaufman that a low rate environment allows “credit creation to flourish, and its deflationary and destabilizing impact on the system is only recognizable with a delay” seem more important than ever.
By, on the one hand, encouraging extreme swings in economic performance through overly accommodative monetary policies, while on the other encouraging the expansion of unregulated over-the-counter (OTC) markets for complex assets and derivatives, the Fed orchestrated many of the factors that contributed to the financial crisis.
In addition to the political conflicts that arise between the Fed’s role as monetary authority and prudential regulator, the more narrow issue of regulation must be considered. While some people claim that the Glass-Steagall Act law dividing banking and commerce has been repealed, the Bank Holding Company Act of 1956 and, in particular, the 1970s amendments to that law that truly separated banking from commerce, particularly insurance, are still extant.15 This law makes the Fed the protector of a cartel of semi-monopolies known as bank holding companies and with particular emphasis on the largest banks, financial houses which are dealers in U.S. Treasury and agency debt.
The Fed’s enforcement of the cartel among the largest U.S. banks is illustrated by the fact that, subsequent to the crisis, the top four BHCs and broker-dealers, such as Merrill Lynch, Bear Stearns, Countrywide and Washington Mutual, were merged with other large BHCs, instead of being sold to other entities. The financial reform legislation that was pending in the Congress as this paper was written provides the Fed more authority over financial institutions than ever before, but with no accountability for its increasingly destructive behavior.
Specifically, merging large troubled banks and dealers is hardly a way to enhance the safety and soundness of the financial system and arguably works against ending “too big to fail.” Yet the Fed seems incapable of liquidating large banks for fear that it will undermine confidence in the Treasury’s debt markets and the dollar. Fed officials will no doubt find such comments distasteful. The fact remains, however, that the Fed, by placing systemic priorities ahead of enforcing prudential rules, is the enabler for many of the problems affecting the American political economy. This particularly applies to the increasingly unstable financial behavior of the largest banks. But it must be said that the same is true of the other regulators, especially in the European Union (EU).
One of the greatest and least remarked upon failures of the Fed and other global regulators during this period was allowing the banks, in effect, to set their own rules.
The era of financial innovation under Chairman Greenspan was a time when the Fed Board and their counterparts at the Bank for International Settlements loosed themselves from the bounds of earth and embraced relativity in assessing bank safety and soundness. When you add the opacity of the financial products in the OTC markets and the poor methods for managers or regulators to gauge the credit and market risks of these securities, the scenario for the 2007-2009 market disaster was perfect.
Specifically, AIG was not reporting its sales of CDS contracts to Fiserv or the New York clearing house. Thus neither the Fed nor the other regulatory agencies were aware of the exposures being created in the front office of AIG. Meanwhile, Goldman Sachs, Deutsche Bank, JPMorgan and other dealers essentially looted AIG and then forced the Fed to bail out their client!
Despite public comments by the Fed regarding the need to reduce systemic risks, the Fed’s support for highly destabilizing asset classes such as OTC derivatives remains unchanged.
The use of VaR type models, including the version imbedded in the Basel II agreement, involves a number of assumptions about risk and outcomes that cannot be effectively hedged, yet public officials such as Chairman Bernanke and other Fed official pretend otherwise.
As early as 2004 with the publication of the policy statement on “Interagency Statement on Sound Practices Concerning Complex Structured Finance Activities,” the Fed, prudential regulators and SEC all publicly recognized that there were legal and reputational risks to banks dealing in OTC derivatives. Yet nothing was done to rein in this activity.
The source of systemic risk in the financial markets is fear born from the complexity of opaque securities for which there is no underlying basis. And yet the Fed’s Washington staff, in their arrogance, believe that OTC derivatives, which have no observable cash markets, may be substituted for cash securities and that to do so is consistent with safe and sound banks.
If investors cannot price a security without reference to subjective models, then the security should be banned from the U.S. markets as a matter of law and regulation.
Keep in mind too that when Alan Greenspan, Robert Rubin, Phil Gramm and Larry Summers were attacking U.S. Commodity Futures Trading Commission head Brooksley Born more than a decade ago for suggesting that OTC derivatives ought to be better regulated, Fed staffers like Parkinson were on Capitol Hill laying down a supporting barrage of barnyard debris for the big banks. And instead of being disciplined for his more than decade long role in encouraging this fiasco, Parkinson was promoted to head the Fed’s key DS&R by Chairman Bernanke.
And the Congress supports and encourages the Fed even as that agency’s policies undermine the safety and soundness of our financial markets.
The result of our overly generous tolerance for economists dabbling in the real world of banking and finance is a marketplace where some of the largest U.S. banks are in danger of insolvency, because their balance sheets are laden with illiquid, opaque and thus toxic OTC instruments which nobody can value or trade.
Despite the observable decline in risk-adjusted returns by large U.S. banks, the economists who populate the Fed continue to believe that current policies of supporting OTC cash and derivatives markets and other “innovations” are helping bank profitability and soundness, in nominal if not real terms.
We can place considerable blame on the Fed for the subprime crisis, but it must be said that an equally important factor was the tendency of Congress to use financial regulatory and housing policy to raise money and win elections. Members of Congress in both parties have freely used the threat of new regulation to extort contributions from the banking and other financial industries, often with little pretense as to their true agenda.
Likewise, the Congress has been generous in providing the banking industry with new loopholes and opportunities for regulatory arbitrage, enabling the very unsafe and unsound practices in terms of mortgage lending, securitization and the derivatives markets that has pushed the global economy into a deflationary spiral. But during most of the past decade or more when the Congress was creating new opportunities for “innovation,” Fed officials were either supportive of such liberalization efforts or silent as to the risks.
Fed officials have known for more than a decade that the largest money center banks are not truly profitable without the supra-normal profits generated by OTC derivatives.
Yet on a risk adjusted basis, many of the largest U.S. banks often display negative returns even with the OTC derivatives flows factored into the mix, suggesting that, on net, the operation of the OTC derivatives markets is actually a drain on the real economy.
Benjamin M. Friedman, writing in The New York Review of Books on May 28, 2009, “The Failure of the Economy & the Economists,” describes the market for credit defaults swaps in a very concise way and in layman’s terms.
The most telling example, and the most important in accounting for today’s financial crisis, is the market for credit default swaps. A CDS is, in effect, a bet on whether a specific company will default on its debt. This may sound like a form of insurance that also helps spread actual losses of wealth. If a business goes bankrupt, the loss of what used to be its value as a going concern is borne not just by its stockholders but by its creditors too. If some of those creditors have bought a CDS to protect themselves, the covered portion of their loss is borne by whoever issued the swap. But what makes credit default swaps like betting on the temperature is that, in the case of many if not most of these contracts, the volume of swaps outstanding far exceeds the amount of debt the specified company owes. Most of these swaps therefore have nothing to do with allocating genuine losses of wealth. Instead, they are creating additional losses for whoever bet incorrectly, exactly matched by gains for the corresponding winners. And, ironically, if those firms that bet incorrectly fail to pay what they owe—as would have happened if the government had not bailed out the insurance company AIG—the consequences might impose billions of dollars’ worth of economic costs that would not have occurred otherwise.
The dirty little secret that the Fed does not want to reveal is that the market for OTC derivatives is a tax, a form of gaming such as a lottery that effective subsidizes the largest banks in the world. The Fed accepts and even encourages this situation because it knows that without the excess profits from OTC derivatives, many of the largest U.S. banks would wither and gradually die, as has been the case with the banking sector in Europe.
By encouraging and facilitating the fiscal excesses of Washington, the Fed has not only set a bad example for the banks and companies that make up the real economy, but it has poisoned the proverbial pond for all of the citizens of the world economy with a consistent policy tolerating growing inflation and debt. In such an environment, talking about sound banks or stable financial markets is absurd.
Richard Alford, who worked in the foreign exchange function of the Federal Reserve Bank of New York at the same time as the author, commented in the crisis of 2007-2009 from a risk management and public policy perspective:
Policymakers would like everyone to believe that the recent crises were random unpredictable Black Swan events. How can they be blamed for failing to anticipate a low probability, random, and unpredictable event? If on the other hand, the crises had observable antecedents, e.g. increased use of leverage, maturity mismatches, near zero default rates, and spikes in housing price to rental rates and housing price to income ratios, then one must ask: why policymakers did not connect the dots, attach significant higher than normal probabilities to the occurrence of severe financial disturbances, and fashion policies accordingly? Ultimately, that is a question that Ben Bernanke and the rest of the federal financial regulatory community still have yet to answer.
It goes on and on, but is well worth a read.
Caleb