It may be important to distinguish between what the government is putting up as capital and what it is lending to institutions. We can say that the government is more likely to lose on one and less likely to lose on the other. But it may not be. The capital could be lost, although that is unlikely. Look at the case of AIG which bears the possibility of perpetual government ownership.
With AIG, the government owns approximately 80% of what could be an avenue to convert private insurance into some kind of public program. We don’t need to ask how this will come about yet. It depends on how deep is the crisis. The state of other insurers is not yet clear.One cannot tell the state of their mortgage portfolios from their financial statements. At least, I certainly cannot, and I have looked..
If a large number of life insurance policies turns out to have no backing, there is one way to deal with some of them, for example, those which are bought for estate tax purposes. Simply keep the estate tax, but raise the exemption so the policies are unnecessary. Gene Sperling already has suggested the larger examption(see the report cited 11/17/08). There will be ways for the government to take over a good deal of this business, especially if it is largely insolvent.
In the case of the banks, there is plenty of control now that the government is lending trillions for collateral. If the government is the ultimate backstop for lending against all of these assets, it won’t lose anything; instead it will gain everything in power that the original market has given up. Banks that behaved themselves, which are not lending in these markets because of counterparty default risk, lose opportunity while those that misbehaved have the government backing for continuing their books. If the latter begin to fail, then a Citicorp-like rescue will follow. The government controls who defaults and changes the market mechanism.
The government also looks as though it is in position to control future public capital formation in that all prior large investment banking firms will be U.S. banks, some of which are already government funded(Citi), some government backed(Citi, JPM for its Bear Stearns takeover, Wells for its takeover of Wachovia, Bof A, for its takeover of Merrill). Goldman and Morgan are becoming banks to seek deposits and will be governed as well. They are on FBR’s list of financial entities that need capital. Goldman today raised money with FDIC guaranteed bonds. See the
Financial Times below:
Tuesday Nov 25 2008 18:05
Goldman Sachs (NYSE:
GS) on Tuesday became the first US bank to issue debt backed by the
Federal Deposit Insurance Corp under one of several government plans designed to bolster financial companies and stimulate lending.
Fellow US banks were quick to follow Goldman in what could be a $300bn market.
JPMorgan and
Morgan Stanley (AMEX:
MWD) pitched similar deals to investors while other banks and financial entities such as
GE Capital, the financing arm of
General Electric, are expected to participate in the new asset class. A flourishing market for such debt already exists in Europe after deals from UK banks such as
Lloyds TSB, Royal
Bank of Scotland and
Barclays (NYSE:
BCS) .
http://us.ft.com/ftgateway/superpage.ft?news_id=fto112520081814404437&referrer_id=yahoofinanceIf the FDIC backs your debt, you give up reins. But you also give up reins if Treasury injects capital . The distinction between debt and capital at the level discussed here seems to blur in the issues of control. The government owns you one way or the other. If the new government is not kind to free markets, you will have no emancipation.
A better way to have done this was to do what was planned originally: get the troubled assets off the books of the institutions. But there is this change: take them at cost. Put them into an RTC-like structure and sell them off over time. The RTC does not have to mark the assets to market. The counterparties have to stand pat. They cannot recognize gains or losses, either.
No capital is necessary for the institutions. Nor is there need to lend trillions for collateral. The trillions are invested instead in the bad assets which are sold off later. Those who created the bad assets can be sued, for they will still have some capital to pay damages. Some capital eventually will go to the counterparties.
In the meantime the troubled institutions will have been delevered and will have a business that can function.
The Chinese have done this to some extent, without the lawsuits. They have asset management companies for each of their large banks. These take the troubled assets and sell them to investors at a steep discount.
From Wikipedia:
The
Ministry of Finance of the
People's Republic of China has established four financial
asset management companies (AMCs), one for each of the four commercial state-owned banks.
They are:
Great Wall AMC - for the
Agricultural Bank of ChinaOrient AMC - for the
Bank of ChinaHuarong AMC - for the
Industrial and Commercial Bank of ChinaXinda AMC - for the
China Construction Bankhttp://en.wikipedia.org/wiki/List_of_asset_management_companies_of_the_PeopleOf course, the Chinese have been somewhat corrupt in their banking. They just continue to cook the books of their large banks, then shuffle off bad assets to the management companies. No where near enough fraud is prosecuted. Although there is a rather nice case below.
http://www.iht.com/articles/2006/11/21/bloomberg/sxfraud.phpLately, we are turning out to accept their model, in that we are not countenancing large bank failures. Or very many prosecutions.
Here is what we would have done some short years ago:
For those who created the bad assets, there are criminal provisions. Fraud is prosecuted. Management is replaced in the case of FDIC takeovers. New owners with capital are found. Old management and boards are sued. People are forced into bankruptcy with civil actions as was done in the days of the old Resolution Trust Corporation. Former bankers can find lean-tos in Georgia in which to house. They can be subpoenaed there.
Assets ultimately are sold. The taxpayer takes a hit, but the right people get punished. Moreover, there is not the issue of losing the capital markets in their prior form. Freedom still rings. It does not in China.
For some reason, Treasury and the Fed changed their minds about the original plan. They are now having to do what they should have done earlier by taking the troubled assets off Citi’s books by guaranteeing them. But in the interim they opened the door to what may prove to be total government control of the financial industry. By then prosecutions will seem few and far between.