Editore"s Note
Tilting at Windmills

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July 6, 2009
By: Hilzoy

Good News

From MSNBC:

"Around Washington and Wall Street they have come to be known as TBTF -- too big to fail. It's not just size, though. These companies are so far-flung, so intertwined and so precariously leveraged that a single one's collapse can create systemwide tremors that imperil the finances of millions of Americans.

With that fear in mind, the government stepped in to bail out Citigroup Inc., Bank of America Corp. and American International Group Inc. with tens of billions of public money last year.

Looking to avoid such a costly intervention, President Barack Obama's regulatory plan calls for large, interconnected companies to pay a heavy price for the systemwide risk they pose. (...)

Under the administration's proposal, companies such as Citi, Goldman Sachs and others in a broad top tier engaged in complex transactions would face stricter scrutiny and have to hold more assets and more cash as cushions against a downturn.

They also would have to anticipate their own demise, drafting detailed descriptions of how they could be dismantled quickly without causing damaging repercussions. Think of it as planning their own funerals -- and burials.

Obama's plan, in short, aims to make it far less appealing to be so big. That was the middle ground the administration sought, a step short of an outright ban on systemically risky companies. (...)

For those that qualify for top tier designation, the administration proposes a system that would dismantle them quickly if they get into financial trouble. Right now, the government has authority to step in and take down troubled banks, but not the conglomerates that pose greater risks to the economy. That lack of authority prevented the government from dissolving Bear Stearns Cos., Lehman Brothers and AIG in an orderly manner.

Under the administration's plan, the Treasury could decide to take a company swiftly through a bankruptcy-like process, appointing the Federal Deposit Insurance Corp. as a conservator or receiver. The FDIC currently now only has the authority to take over troubled banks."

This is really, really good news, if true. Lots of smaller banks have been, as Atrios says, EATED by the FDIC recently, and while I'm sure it hasn't been pleasant for them, it also hasn't had anything like the impact of, say, the demise of Lehman Bros. Having a quick procedure in place to deal with them, plus the additional capital requirements that will help smooth the process, is crucial. And making it less attractive to be big enough to pose systemic risk is also a very, very good thing.

I expect banks to be vehemently opposed to this. But this time, we should not let them win. One good long look down into the abyss has been more than enough.

Hilzoy 1:59 AM Permalink | Trackbacks | Comments (11)
 
Comments

Yes, it is important to remember that these so called banks could not be legally taken over by the FDIC or anyone else.

It seems strange that banks cannot go "bankrupt" if they are covered by the FDIC. Their management can be replaced if their leverage falls below 6%, and they can be seized if it goes below 3%.

Posted by: tomj on July 6, 2009 at 2:15 AM | PERMALINK

In countries where corruption is rife, legislation is often mooted against an unpopular industry, then the local pols collect contributions in order to "protect" that industry.
I suspect that is all that is going on here.

After all it is now 10 months since the meltdown and not one thing has been done to prevent it happening again. Not even against the proximate cause which was the financing of Wall st banks by money market funds. There hasn't even been a hearing by Congress into the causes.

You're very naive if you think this is anything other than armtwisting for "campaign" contributions.

Posted by: XYP on July 6, 2009 at 2:40 AM | PERMALINK

But , But , Bernie Madoff ?
Are you after even more innocent Kings and Masters of the Universe ?
150 years for one should cool the blood , eh ?

Posted by: FRP on July 6, 2009 at 3:49 AM | PERMALINK

Some new series are in the development for television this fall:

"CSI: Wall Street"

"CSI: Goldman Sachs"

"CSI: AIG"

"CSI: GITMO"

and

"CSI: The Bush/Cheney Years"

Posted by: The Oracle on July 6, 2009 at 5:56 AM | PERMALINK

Whatever the merits of free market, supply and demand, capitalism they do not apply to finance capitalism, which must by its nature be regulated by the state because its "products" --debt -- are viral in nature. They infect everything. Think about finance as some radioactive material. Contained and properly regulated it can power an entire city. Uncontained and its destroys everything it touches. Finance operates exactly the same way. If GM goes down the results are tragic but largely known and confined. Not so with finance whose difficulties are almost by definition systemic in nature.

Posted by: Ted Frier on July 6, 2009 at 6:21 AM | PERMALINK

So the institutions have to write their own dissolution plans? Won't that mean that they'll know EXACTLY how to structure their affairs so as to render those same plans unusable when the time comes?

The only way to guarantee no Too Big To Fail is to outlaw Too Big. Period.

Posted by: chaboard on July 6, 2009 at 7:34 AM | PERMALINK

So the corporations that are deemed "too big to fail" will face greater government scrutiny? And if they are found to be financially shaky they will be required to have a higher percentage of actual assets on their books?

What a joke!

These companies will be monitored by the same agencies that missed the Savings and Loan crisis, the Dot-com bubble, Enron, the housing bubble and last year's financial meltdown?

While we're at it why don't we hire blind people to guard our county's borders?

And of course, even if the regulatory agencies do actually get their houses in order, or if they stumble across a problem by pure chance, the whole system depends on having an honest president. The SEC was told about Bernie Madoff for years, but they did nothing (not that Bernie Madoff was TBTF). The only people in the country who denied that Enron was manipulating energy prices in California was Bush's Justice Department.

If there is another laissiz faire president, or a president who surrounds himself with former Wall Street insiders (like Geitner and Summers), then this wonderful system of protections becomes a paper tiger.

Get ready for another crash in ten to twelve years, everyone.

Posted by: SteveT on July 6, 2009 at 7:56 AM | PERMALINK

The problem with the Obama people is that they announce these proposals and within a few days or weeks its all changed and nothing substantial happens. I don't know if its intentional or if its the lobbying that changes the proposal but I am sick and tired of the very loud barks with zero teeth.

Posted by: warren terrah on July 6, 2009 at 8:05 AM | PERMALINK

This is really, really good news, if true.

its only good news if it comes to fruition as currently understood. If it goes through the meat grinder and comes out as yet more sausage for the plutocrats to feast on, or evaporates as more Obama mirage and misdirection, its worse than nothing.

Posted by: pluege on July 6, 2009 at 8:23 AM | PERMALINK

When, will the plaudits for the FDIC acting as the 7th Cavalry stop? Yes, it is great they guarantee funds, but, not so great when they sweep into a troubled bank and cut off all credit lines, including those of old line customers who had nothing to do with the bad loan problems. They did this in Vancouver, WA. The bank had made questionable loans to real estate developers. But, FDIC came in with a take no prisoners attitude. Many of those cut off, and who had nothing to do with the problems, had their lines of credit cut off, making payrolls and needed purchases difficult. FDIC, when you take over a bank, keep your sabers in their scabbards until you know the facts. Stop coming guns a'blazin' and blowing "Gary Owen".

Posted by: berttheclock on July 6, 2009 at 9:16 AM | PERMALINK

Unfortunately, "too big to fail" means "big enough to hire the top lobbyists". They'll have their pet Congresscritters block any such proposal. They'll attach a provision blocking it to every must-pass bill, and large chunks of the Dem leadership in the Senate will be on board with them.

Obama could still get it enacted, but he'd have to go to war (veto threats, going over Congress's heads to the public and embarrassing them) to get it done. So far, I've seen no sign that he has those kind of cojones.

Posted by: Joe Buck on July 6, 2009 at 11:03 AM | PERMALINK
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