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The Edge: 7 Interesting Comments About Markets in 2010


The Trading Edge with Derek HoffmanConsidering the U.S. Equity Market has recovered roughly half of the losses from the crash, now is the perfect time to gauge sentiment for the year. Let’s see what some persuasive people are saying about 2010 …

David Rosenberg – Rosenberg questions whether we are even recovering: “Keep in mind that 25% of U.S. homeowners with a mortgage are ‘upside down’ right now (15 million households with negative equity) which portends more foreclosures coming down the pike and more inventory in the pipeline. This in turn poses a cloud over the home price outlook in 2010 even with the Obama team’s stepped-up loan modification process, which thus far has been a failure.”

“We have characterized the rally in the economy and global equity markets appropriately as a bear market rally from the March lows, influenced by the heavy hand of government intervention and stimulus. But in classic Bob Farrell form, 2010 may well be seen as the year in which we witness the inevitable drawn out decline that is typical of secular bear markets.”

Robert Prechter (The Elliott Wave maestro) – “I think it’s a great time for people who turn bullish in the first quarter to get out of the stock market … we’re now in territory where you need to think about lightening up on stocks, even getting short. I think 2010 is going to be a big down year very much like 2008.”

Meredith Whitney – Kicks of the year slashing earnings estimates for financial titans Goldman Sachs (GS) and Morgan Stanley (MS).

Jeff Saut, Chief Investment Strategist at Raymond James – Given the comparable rally to 1933, “prudence suggests some caution is again warranted.”

Doug Kass – Gold sells off into the 2nd quarter of 2010.

Ben Bernanke — Doesn’t see a reason to raise rates yet.

Wells Fargo Advisory Fleet Client Report – Year-end S&P 500 1175-1200, or 6-8% upside from current market levels.

Keep an eye out for the January edition of Wall St. Cheat Sheet Premium publishing this Friday.

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Heavyweights Debate “Too Big To Fail”


Too Big To FailHas “Too Big to Fail” become “a policy enshrining crony capitalism” in the oft-quoted phrase, or does the argument against breaking up TBTF banks have merit? Do regulatory approaches to prevent systemic risk merely serve to institutionalize the TBTF concept? Let’s see who stands where in this collection of economic heavyweights.

THE BREAK ‘EM UP TEAM

Alan Greenspan, Former Federal Reserve chairman

When voices were clamoring to split up large banks last month, Alan Greenspan kicked the can down the road, so to speak, when he voiced concern over the implicit subsidy large banks get when taxpayers guarantee risky investment activities.  In an address to the Council of Foreign Relations, Greenspan said (as quoted in Bloomberg):

“If they’re too big to fail, they’re too big,” Greenspan said. “In 1911 we broke up Standard Oil — so what happened? The individual parts became more valuable than the whole. Maybe that’s what we need to do…

“If you don’t neutralize [the TBTF issue], you’re going to get a moribund group of obsolescent institutions which will be a big drain on the savings of the society,” he said.

“Failure is an integral part, a necessary part of a market system,” he said. “If you start focusing on those who should be shrinking, it undermines growing standards of living and can even bring them down.”

In the same speech, Greenspan also took issue with reforms consisting largely more/better regulation and higher capitalization requirement requirements, such as those floated by Barney Frank and the administration:

“I don’t think merely raising the fees or capital on large institutions or taxing them is enough,” Greenspan said. “I think they’ll absorb that, they’ll work with that, and it’s totally inefficient and they’ll still be using the savings.”

Similar sentiments were expressed by Mervyn King, head of the Bank of England, who states,

“The belief that appropriate regulation can ensure that speculative activities do not result in failures is a delusion.”

And from Simon Johnson, Professor of Economics at MIT professor and former IMF chief economist in an NPR interview:

“The basic problem is that the financial sector can hire the best, most talented people. It can pay them extraordinary amounts of money… They will always get ahead of the regulators.”

Johnson compares TBTF banks to an American oligarchy.  He recommends capping bank size at $100 billion in assets and scaling up the FDIC to have the political power to intervene in banking activities a government-supervised process.

“We need to break them up for exactly the same reason that Rockefeller and the oil interests, standard oil, at the end of the 19th century, was too powerful, economically and politically. And it had to be broken up. And breaking it up was the right thing to do. That’s where we are with the banks today.”

Regarding the economies-of-scale argument for keeping banks big , Johnson says any benefits from large banks has to measured against the potential (read: huge) costs of failure:

“Particularly if you’re working across so many markets, you really want people with excellent local knowledge. So you can work with a network of financial institutions and you can hedge any kind of position you have through multiple contracts with smaller players. In fact, it’s probably not wise in this day and age to rely on one provider of financial services. You’re less likely to get a good price that way.”

More from Johnson in this Bill Moyers interview:

“Now, those bonuses are not the essence of the problem, but they are a symptom of an arrogance, and a feeling of invincibility, that tells you a lot about the culture of those organizations, and the attitudes of the people who lead them… [it’s] Go about your daily lives. Get the bonuses. Re-brand them as awards. But it really shows you the arrogance, and I think these people think that they’ve won. They think it’s over. They think it’s won. They think that we’re going to pay out ten or 20 percent of GDP to basically make them whole. It’s astonishing… Either you break the power or we’re stuck for a long time with this arrangement.

“Think of it like this, our taxpayer money is ensuring their bonuses… And we will be paying higher taxes, we and our children, will be paying higher taxes so those people could have those bonuses. That’s not fair. It’s not acceptable. It’s not even good economics…

“My intuition, from crises, from situations that have improved, the situations that got worse, my intuition is that this is going to get a lot worse. It’s going to cost us a lot more money. And we are going down a long, dark, blind alley.”

(Read more from Johnson’s blog here)

smoking-manPaul Volcker, Former Fed Chair

Not so long ago, former Fed chair Paul Volcker advocated a return to the days of Glass-Steagall, which separated the banks investment and trading activities from traditional banking.  Volcker said that under the Obama plan, financial institutions designated as TBTF banks “will be sheltered by access to a federal safety net” and the risk will remain, leading to future bailouts (at the same time confirming that “as a given” the government will continue to bail out  banks in crisis).

Volcker clearly disagrees with extending any government assurances outside the banking system, to insurance companies and automakers:

“…the “safety net” should be limited clearly to commercial banks, while investment banks should be excluded.”

And although advocating splitting up the banks (but not arbitrarily), Greenspan does not see Glass-Steagall as the solution to TBTF, stating that: “No form of economic organization can fully contain bouts of destructive speculative euphoria.”

Readers note: Does that mean we should just fold up our tents and go home? Is it just me, or does that sound like guilt speaking?

(Color commentary from TPM: Had Greenspan not supported in 1999 Congress’s repeal of the Glass Steagall Act, which separated investment from commercial banking, we wouldn’t be in the soup we’re in to begin with. Summers and Geithner, along with Bob Rubin, while at Treasury in 1999, joined Greenspan in urging Congress to repeal Glass-Steagall. The four of them — Greenspan, Summers, Rubin and Geithner also refused to regulate derivatives, and pushed Congress to stop the Commodity Futures Trading Corporation from doing so.  For more color commentary re: Volcker and Glass-Steagall from Charlie Gasparino, go here .)

And William K Black, Economics Professor and Senior Regulator during the S&L crisis, puts it this way:

The Treasury has fundamentally mischaracterized the nature of institutions it deems “too big to fail.” These institutions are not massive because greater size brings efficiency. They are massive because size brings market and political power. Their size makes them inefficient and dangerous.

Under the current regulatory system banks that are too big to fail pose a clear and present danger to the economy. They are not national assets. A bank that is too big to fail is too big to operate safely and too big to regulate. It poses a systemic risk. These banks are not “systemically important”, they are “systemically dangerous.” They are ticking time bombs – except that many of them have already exploded.

Professor Black contends that both the Bush Administration and the Obama Administration violated the Prompt Corrective Action law (see the Bill Moyers interview and rebuttal here.)

THE LET ‘EM GROW, LET’EM FAIL (BUT WITH APPROPRIATE CONTROLS SO THE ECONOMY DOESN’T COLLAPSE) TEAM

Ben Bernanke, current Fed Chairman

Current Federal Reserve chairman Ben Bernanke disagrees that TBTF banks should be split up or capped:

“We can address these issues in a way that doesn’t destroy the economic value of large, complex multifunction firms through other mechanisms,” Bernanke said.

For example, Bernanke cites that the Federal Reserve Bank of New York “has been leading a major joint initiative by the public and private sectors to improve arrangements for clearing and settling credit default swaps and other over-the-counter derivatives.”

But Bernanke did say that failing financial firms should be allowed to fail, provided the dissolution is orderly:

“We won’t have a real market-based financial system until it is safe to let a financial firm fail,” Bernanke said.

From a speech earlier this year, Bernanke spoke in favor of establishing a strong regulatory authority to address systemic risks. If an organization becomes “too big to fail,” Bernanke says, it encourages excessive risk-taking by the firm and “provides an artificial incentive for firms to grow, in order to be perceived as too big to fail.”

Bernanke goes a step further by stating that the Fed should have the supervisory authority for systemically important firms (like TBTF banks) but not systemic risk in general.

“We should leave open the possibility that if a supervisor decides that a particular firm does not have the managerial risk-management capacity to deal with a particular type of business — putting aside any capital requirements — there should be the ability to say you can’t do this activity,” Bernanke said.

Readers note: The Shadow Banking System lives on!

080929-sheila-bair-hmed-2p.hmediumSheila Bair, FDIC Chair

Although Sheila Bair, chairwoman of the F.D.I.C, recommends shrinking the “shadow banking system,” she does not advocate shrinking or breaking up the banks. Instead, she recommends extending regulatory controls to bank holding companies and other non-banking firms, such as insurers and hedge funds, as reported in the NYT:

“We need to end ‘too big to fail’ and this needs to be an overarching policy that applies to everyone,” Ms. Bair said, speaking to a meeting of the Institute of International Finance.

Financial firms subject to systemic-risk shutdown authority should likely also be required to publish “living wills” — details on how an orderly wind-down would play out — on their Web sites to provide clarity to shareholders and customers.

And by applying the resolution authority more broadly outside of normal regulated bank holding companies, it would help shrink the shadow banking system by discouraging regulatory arbitrage, under which financial firms shop for the most lenient supervisors.

“If you tighten regulation of the banks even more without dealing with the shadow sector you could make the problem even worse,” she said.

Tim Geithner, Treasury Secretary

Geithner would exempt retailers and other nonbank companies from oversight. He says:

“Regulators must be empowered with explicit authority to force major financial firms to reduce their size or restrict the scope of their activities when necessary to limit risk to the system. This is an important tool to deal with the risks posed by the largest, most interconnected financial firms.

“Regulators must be able to impose tougher requirements – most crucially, stronger capital rules and more stringent liquidity standards – which would reduce the probability that major financial firms experience financial distress, either through capital depletion or a run by creditors. This would provide strong incentive for these firms to shrink, simplify, and reduce their leverage.

“In addition, major firms must be subject to a prompt corrective action (PCA) regime and be required to prepare and regularly update what some have called “living wills,” which are plans for their rapid resolution in the event of distress. These plans would leave us better prepared to deal with a firm’s failure, and provide another incentive for firms to simplify their organizational structures and improve their risk management…

“Monitoring threats to financial stability will fall to the proposed Financial Services Oversight Council. The Council would have the duty and authority to identify any financial firms whose size, leverage, complexity, and interconnectedness pose a systemic threat and require those firms to submit to a system of heightened supervision and regulation.

The Federal Reserve would oversee individual major financial firms so that there is clear, inescapable, single-point accountability.  The Fed already supervises all major U.S. commercial banking organizations on a firm-wide basis and all major investment banks as well.”

In testifying before the Joint Economic Committee of Congress last April, Nobel laureate Joseph Stiglitz offered a different view (quoted here):

“Before a crisis, every financial institution will claim that it does not pose systemic risk; in a crisis, almost all (and those that would be affected by a collapse) will make such claims.”

Paul Krugman, professor of Economics and International Affairs at Princeton University, says that TBTF is here to stay:

“I’m a big advocate of much strengthened financial regulation. One argument I don’t buy, however, is that we should try to shrink financial institutions down to the point where nobody is too big to fail. Basically, it’s just not possible.

“The point is that finance is deeply interconnected, so that even a moderately large player can take down the system if it implodes. Remember, it was Lehman — not Citi or B of A — that brought the world to the brink.

“So I think of the pursuit of a world in which everyone is small enough to fail as the pursuit of a golden age that never was. Regulate and supervise, then rescue if necessary; there’s no way to make this automatic.”

Many bankers look to JPMorgan Chase Chief Jamie Dimon, who says:

“As we have seen clearly over the last several years, financial institutions, including those not considered “too big,” can pose serious risks for our markets because of their interconnectivity. A cap on the size of an institution will not prevent that risk. Properly structured resolution authority, however, can help halt the spread of one company’s failure to another and to the broader economy. While the strategy of artificial limits may sound simple, it would undermine the goals of economic stability, job creation and consumer service that lawmakers are trying to promote.

“To understand the harm of artificially capping the size of financial institutions, consider that some of America’s largest companies, which employ millions of Americans, operate around the world. These global enterprises need financial-services partners in China, India, Brazil, South Africa and Russia: partners that can efficiently execute diverse and large-scale transactions; that offer the full range of products and services from loan underwriting and risk management to providing local lines of credit; that can process terabytes of financial data; that can provide financing in the billions.

Readers note: But isn’t that exactly the argument why large banks CANNOT be allowed to fail, specifically because of their size and interconnectedness (systemic risk)? Isn’t this a type of circular reasoning? He seems to be saying let us continue to take the same risks as before (leave in the systemic risk) but be comforted that we can now fail (because, as we have already seen, we cannot be allowed to fail because we are so interconnected, wink! wink!)

But in a speech back in June, Alan Greenspan dismissed the economies of scale arguments this way:

The perceived systemic impact of the failure of large financial institutions is the genesis of the “too big to fail” (TBTF) or “too big to liquidate quickly” problem. For years I have been concerned about the ever larger size of our financial institutions. A decade ago, I noted that “megabanks being formed by growth and consolidation are increasingly complex entities that create the potential for unusually large systemic risks in the national and international economy should they fail.” Federal Reserve research had been unable to find economies of scale in banking beyond a modest-sized institution. I often wondered: had bankers discovered economies of scale that Fed research had missed? It is clear, in retrospect, that they had not.)

(Color commentary from the NYT: Several United States policy makers consider JPMorgan Chase’s chief executive, Jamie Dimon, as a potential successor to Treasury Secretary Timothy F. Geithner, The New York Post reported, citing sources. Mr. Dimon “would love to serve his country,” the newspaper quoted people familiar with his thinking as saying. )

And then, just yesterday from Morgan Stanley, this;

“In short, we think the demand for growth and access to credit will trump desire for unprofitable capital levels…

“Contrary to perceptions about [Sheila] Bair’s statements, we do not think there is any willingness to remove implicit support [for big banks].  In particular, we expect the discount window is unquestioned for banks, and TLGP [Temporary Liquidity Guarantee Program] type programs could exist in future crises.  Regulators recognize the need for banks to make returns high enough to attract capital..;

“Even with appropriate leverage, the taxpayer has occasionally paid for the benefit of growth when financial shocks occurred.  Repayment comes with subsequent growth.”

Readers note: Serfdom lives on!!

THE HINCHEY AMENDMENT AND SANDERS BILL

Just last week, Congressman Maurice Hinchey (D-NY) introduced the Too Big to Fail, Too Big to Exist Act,  the House version of U.S. Senator Bernie Sanders’ bill S. 2746. His rationale (from Hinchey’s web site):

“Instead of trying to prevent future collapses of enormous banks or scrambling to come up with trillions of dollars in taxpayer money to bail them out, let’s avoid such a major risk by dismantling those massive firms now.  Put simply, if a financial firm is considered too big to fail, then it is too big to exist and should be unwound quickly.  As bad as this economic collapse has been, if we allow these goliaths to continue to exist then the entire economy could come crumbling to its knees.

Today, just four huge financial institutions (Bank of America, Citigroup, JP Morgan Chase, and Wells Fargo) hold half the mortgages in America, issue nearly two-thirds of credit cards, and control about 40 percent of all bank deposits in the U.S.  In addition, the face value of over the counter derivatives at commercial banks has grown to $290 trillion, 95 percent of which are held at just five financial institutions in the entire country (Bank of America, Citigroup, Goldman Sachs, JP Morgan Chase, and Morgan Stanley).

“If an institution is too big to fail, it is too big to exist,” said Sanders, a member of the Senate Budget Committee. “No single financial institution should be so large that its failure would cause catastrophic risk to millions of American jobs or to our nation’s economic wellbeing. No single financial institution should have holdings so extensive that its failure could send the world economy into crisis.  We need to break up these institutions because they have done just tremendous damage to our economy.”

And here is another interesting development in financial markets (from The Nation):

According to the Financial Times, Goldman Sachs plans to market a new financial instrument that will allow banks to reduce the capital required to hold risky assets on their balance sheets. Goldman calls this product “insurance” and expects to sell it to the banks with toxic portfolios, enabling them to shift the risk off their balance sheets.

Readers note: Can you say CDS?

This headline from yesterday’s LA Times seems to capture the mood du jour:TDG Post Ad

Proposal to allow breakup of huge banks gains momentum

Many are hoping the President takes a more aggressive stance than current reform proposals which leave in risk and taxpayers on the hook.

For more interesting reading and commentary, see these articles:

Czar Crossed: Stop blaming the pay czar, break the banks

Banking Group Warns Congress on Breakup Power

The Money Man’s Best Friend

Diana Farrell and the White House Theory of Bank Size

The Myth of Too Big to Fail

Debunking the “Too Big to Fail” Myth

Paul Volcker, Mervyn King, Glass Steagall, and the Real TBTF Problem

Citigroup is Well Run: Why the Treasury’s Plan Will Fail

US Rep Bernard Sanders and TBTF

Why Jamie Dimon Wants to Silence Paul Volcker

Breaking Up the Big Banks, and Why Congress Won’t Do It

The Forgotten Fed Chairman, Why Is Paul Volcker Being Silenced?

Could Wall Street Actually Lose in Congress?

Morgan Stanley Speaks: Against Relying On Capital RequirementsStocksFinancialBACCWFCJPMXLF

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Federal Housing Update: Loan Growth at the Public’s Expense


This article is a guest post by The Institutional Risk Analyst.

fha_updateWe could not let pass the silly commentary last week in the Big Media regarding the fiscal situation of the Federal Housing Administration, the Federal Home Loan Banks and the other GSEs. The head of the FHA, Commissioner David Stevens, says that the agency is solvent and will have more than sufficient reserves to meet its obligations, primarily guarantees on 37 million first lien mortgages. We disagree.

Last week, in the IRA Advisory Service, we described how Wells Fargo & Co. (NYSE:WFC), in its most recent 10-Q, discloses that it need not bring on balance sheet ANY of the $1.1 trillion in conforming residential OBS exposures that are the subject of the new FASB rule eliminating the “Qualified Special Purpose Entity” designation. Why? Because the loans inside these securitization vehicles are insured by FHA, so goes the thinking of WFC and its auditor, thus the bank has no liability to these entities or the securities they have issued to investors. Pretty neat trick, eh?

Call us provincial, but we have a hard time understanding how WFC can take the position that none of the securitizations issued by Wachovia and WFC are properly reflected on balance sheet. Does WFC really believe that none of the loans underlying these securities will be rejected by FHA? At a minimum, we believe that WFC should show the likely portion of these securitizations that will be rejected by FHA as a liability, especially since the expense of curing such violations of the reps and warranties made at the time of the sale is a cash expense. Maybe our friends at the FASB can add this issue to the list for future study. More, given the past industry practice of substitution of collateral and cash advances to the OBS vehicles followed by WFC and all of the other major players in the industry, we have an equally hard time understanding how any bank can, as a practical matter, still pretend that these vehicles are not de facto controlled by the sponsors.

Eventually the courts and/or the Congress will deal with this issue, but for now the children’s hour continues. But it gets better. If you take the “real,” economic rate of default inside the WFC loan portfolio, say 2x the reported 2.5% annualized defaults at Q3 2009, and attribute it across the $1.1 trillion of conforming RES OBS exposures of WFC alone, we are talking about over $60 billion in realized losses. If you take the standard industry posture that OBS exposures typically underperform the loss rate experience of retained portfolios, the number is more like $100 billion in realized losses from the conforming residential exposures alone. The loss rate experience from WFC’s OBS exposures wipes out FHA reserves two times over — and we are not even talking about Bank of America (NYSE:BAC) and its Countrywide zombie love queen, which has a pile of OBS vehicles around the same order of magnitude as does WFC. And there are thousands of other banks that originate and sometimes sell FHA guaranteed paper.

Now FHA argues that the flow of fees from new guarantees will allow the agency to meet the rising tide of guarantee losses and eventually repay any deficit. OK. What do FHA officials think total realized losses across the 37 million first lien mortgages will be in 2010? Since the FHA has an unlimited ability to borrow from the US Treasury above and beyond any statutory surplus accumulated from guarantee fees, this number could become significant to the bond markets. Or to quote Lita Epstein, writing in Daily Finance: “The FHA’s reserve fund could be a black hole for U.S. taxpayers.”

Josh Rosner of Graham Fisher in New York thinks that the irony in the situation with FHA is that the banks, which have pulled future originations into the present in order to boost current revenue, are now arguably taking greater care of the taxpayer than the FHA is itself. “The realtors are delighted by the strong volumes of new loans written by the banking industry,” Rosner tells The IRA, but adds that the mortgage bankers and even commercial banks are increasingly uncomfortable with what they see in the channel in terms of poor FHA underwriting and risk management standards.

As with low interest rates, debt guarantees and repurchase agreements, the subsidies provided by FHA enable the banks to generate income today, but at a cost to the taxpayer and event the banks tomorrow. And does this mean that WFC, BAC et al are getting away clean on the loans due to the FHA guarantee? Noooo. To our earlier point about the rejection of collateral guaranteed by the FHA, we suspect that the estimated loss rates to FHA illustrated above also will be the minimum hit to the securitization sponsors through the cycle, something that we’ll be addressing in detail in the IRA Advisory Service in coming weeks. Maybe that’s why in all of the disclosure to date from large sponsors such as WFC, BAC the filers indicate that they are still “studying” the matter.

Of note, last week the Federal Deposit Insurance Corporation adopted a proposed Interim Final Rule amending 12 C.F.R. § 360.6 to provide a transitional safe harbor effective immediately for all participations and securitizations in compliance with that rule as originally adopted in 2000. The Interim Final Rule confirms that participations and securitizations completed or currently in process on or before March 31, 2010 in reliance on the FDIC’s existing regulation will be ‘grandfathered’ and continue to be protected by the safe harbor provisions of Section 360.6 despite changes to generally accepted accounting principles adopted by the Financial Accounting Standards Board. GAAP and RAAP remain two different worlds. Stay tuned.

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