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     Apr 2, 2008
Page 3 of 5
THE SHAPE OF US POPULISM, Part 4
A panic-stricken Federal Reserve

By Henry C K Liu

commercial banks pay. Instead, Fed chairman Bernanke and his colleagues, in emergency votes on March 16, invoked broader authority in the Federal Reserve Act to give Wall Street prime dealers the same rate as banks. Backstopping securities firms, coupled with action to keep Bear Stearns afloat before its sale to JP Morgan Chase represent the central bank’s first lifelines to institutions other than banks since the Great Depression.

Under a regulatory regime dating back to the New Deal of the 1930s, the Fed oversees commercial banks, but investment banks are primarily regulated by the Securities and Exchange Commission, which in recent decades has become a captured

 

regulator that resembles an asylum run by the inmates.

Senior Fed staffers said the arrangement allows JP Morgan Chase to borrow from the Fed's discount window and put up collateral of uncertain value from Bear Stearns to back up the loans. JP Morgan, a bank, has access to the discount window to obtain direct loans from the Fed, but Bear Stearns, an investment house, does not. While JP Morgan is serving as a conduit for the loans, the Fed and not JP Morgan will bear the risk if the loans are not repaid, officials said. When God sins, the entire theological structure rots.

Bernanke raced to unveil the new steps before the Tokyo Stock Exchange opened on March 17. The weekend action, timed to complement JP Morgan’s rescue of Bear Stearns, included a cut in the discount rate and the opening of borrowing to the primary dealers in Treasury securities, not all of which are banks. The changes were the Fed's most aggressive response to date to the eight-month-old credit crisis that has spread to the entire US economy and around the world. My article Why the Subprime Bust Will Spread (Asia Times Online, March 17, 2007) was written five months before the August credit crisis, at a time when establishment officials and gurus were assuring the public that the subprime mortgage problem was well contained.

The "temporary" facilities for 28 days have been extended on an increasingly larger scale. If they had a chance at being temporary the scale should be getting smaller and not larger. The Fed is putting in jeopardy its credibility by pretending that the "temporary facilities" might end or be phased out at the end of some future 28-day period when it knew in advance that was not possible. Each rollover increases stress in the precarious financial system as market participants become dependent on more Fed intervention to provide temporary adrenaline to unjustified market exuberance.

The Fed on March 16 cut the discount rate by 25 basis points to 3.25%. Two days later, on March 18, the Fed slashed its Fed funds rate target 75 basis points to 2.25% and the discount rate to 2.50%. US interest rate has now fallen to negative rate levels, meaning it is now below inflation rate.

Another day later, Government Sponsored Enterprises (GSEs) Fannie Mae and Freddie Mac received permission from regulators to pump as much as $200 billion of liquidity into the beleaguered US mortgage market without having to add compensatory capital. For weeks earlier, rumors had been rife about these two GSEs facing insolvency. Jonathan R Laing of Barron's characterized their shares as "worthless".

At year-end 2007, the company owned in its portfolio or had packaged and guaranteed some $2.8 trillion of mortgages or 23% of all US residential mortgage debt outstanding. The company lost $2.6 billion in 2007 as a surge of red ink in the final two quarters more than wiped out a nicely profitable first half.

Shortage of borrowers
Still, even with all the liquidity the Fed has injected into the market, few are borrowing except to roll over maturing debts, as new profitable investments have become hard to find. Oil companies are flush with cash from windfall profits but they do not seem to be able to find worthwhile investments to put the cash to use. Exxon reported a record $39.5 billion annual windfall profits for 2007 from high oil prices, exceeding the gross domestic product of nearly two thirds of the 183 nations of the world, but the company failed to announce any plans for expansion.

The fear is that until prices in the $12 trillion US residential housing market stop falling and the pace of foreclosures ebbs instead of rises, the pain for banks and non-bank institutions, let alone home owners, will continue to get stronger to threaten a much deeper and broader economic recession.

The hope is that lower mortgage rates would enable home owners to cut their borrowing costs as they opt for better terms and help cushion the pain of falling home prices. But lower short-term rates cause the dollar to fall and long-term rates to rise. Moreover, mortgage defaults are no longer caused exclusively by high interest rate resets. Many borrowers have no incentive to keep making payments on mortgages on properties with market values lower than the outstanding value of the mortgage. Is the Fed in a position to pump $4 trillion into the housing market to stabilize inflated home prices?

Every few days, a new, stronger fix needs to be administered by the Fed to sustain a euphoric high in the market that will dissipate a few days later, with the inevitable result of a fatal overdose down the road. All that produces is a secular bear market, where every rebound is smaller than the previous fall, until the debt bubble fully deflates.

The bottom line in the current financial crisis is no longer one of credit crunch, but of massive insolvency in the financial market that will spread to the general economy, which no amount of Fed liquidity injection can cure short of hyperinflation. Further, there is no guarantee that even accepting hyperinflation will save the economy from protracted stagnation. The history of central banking shows that central bank policies can cause problems more easily than they can solve problems they created earlier. Economic distress from monetary dysfunction cannot be solved by merely printing money, which central banks consider its divine right.

Central banks of the G7 economies are reportedly actively engaged in discussions about the feasibility of using public funds for mass purchases of mortgage-backed securities as a possible solution to the credit crisis. This is essentially an option to nationalize the credit market after wholesale deregulation has turned free market capitalism into failed market capitalism.

The policy debate has shifted from one on fixing an appropriate interest rate policy to the need for aggressive intervention in a matter of weeks as the crisis spread from the subprime mortgage sector to engulf the entire financial system, as evidenced by the sudden collapse of Bear Stearns, a major investment bank, that threatens to touch off widespread counterparty defaults. Panic appears to have taken over at the highest levels in the inner sanctum of the central banking world.

Discord among central banks
The Bank of England reportedly is most enthusiastic to explore the idea, as it has a long history of nationalization, the latest example being its takeover the Northern Rock Bank, a big mortgage lender. The Federal Reserve is open in principle to the possibility that intervention in the MBS market might be justified in certain scenarios, but only as a last resort. The European Central Bank appears least enthusiastic, with the German central bank adamantly opposed to such a heretical proposition.

Jean-Claude Trichet, the ECB president, while avoiding immediate critical comment on the Bank of England's rescue of Northern Rock, said: "What is important is that we must not let the mistakes made by some impose a high cost on those who have made no mistakes."

Neo-liberal market fundamentalists continue to argue that new international bank capital rules requiring assets values to be marked to market rather than marked to models have exacerbated the credit squeeze, despite the now proven fact that flawed marked-to-model evaluation had been responsible for the current crisis.

US policymakers are more inclined to boost support for the mortgage markets indirectly through the expanding the role of the Federal Housing Administration, which provides mortgage insurance on loans made by FHA-approved lenders, and by easing regulatory restraints by the Office of Federal Housing Enterprise Oversight (OFHEO) on Fannie Mae and Freddie Mac. OFHEO stated that the required capital surplus for Fannie Mae and Freddie Mac will be reduced from 30% to 20%, immediately freeing up $200-$300 billion for the GSEs to buy mortgages.

This new initiative and the release of the portfolio caps announced in February, should allow the GSEs to purchase or guarantee about $2 trillion in mortgages this year. This capacity will permit them to do more in the jumbo temporary conforming market, subprime refinancing and loan modifications areas.

To support growth and further restore market liquidity, OFHEO announced that it would begin to permit a significant portion of the GSEs' 30% OFHEO-directed capital surplus to be invested in mortgages and MBS. As a key part of this initiative, both companies announced that they will begin the process to raise significant capital. Both companies also said they would maintain overall capital levels well in excess of requirements while the mortgage market recovers in order to ensure market confidence and fulfill their public mission.

OFHEO announced that Fannie Mae is in full compliance with its Consent Order and that Freddie Mac has one remaining requirement relating to the separation of the chairman and CEO positions. OFHEO expects to lift these Consent Orders in the near term. In view of this progress, the public purpose of the two companies and ongoing market conditions, OFHEO concludes that it is appropriate to reduce immediately the existing 30% OFHEO-directed capital requirement to a 20% level and will consider further reductions in the future.

However, like the Fed taking on more risk to bail out the mortgage market, the GSEs will do the same, increasing the amount of mortgages they will hold for each dollar of capital on its books.

Swinging back towards re-regulation
As Congress and the Bush administration struggle to contain the housing and credit crises and prevent more Wall Street firms from collapsing as Bear Stearns did, Edmund Andrews and Stephen Labaton of the New York Times report that a split is forming over how to strengthen oversight of financial institutions after decades of deregulation that had led to the meltdown in credit markets to expose weaknesses in the nation’s tangled web of federal and state regulators, which failed to anticipate the effect of so many new players in the industry.

In the Democrat controlled Congress, key committee chairmen, such as Massachusetts Representative Barry Frank of the House Financial Services Committee, New York Senator Charles Schumer of the Joint Economic Committee and Connecticut Senator Christopher Dodd of the Senate Banking Committee, are drafting separate bills that would create a powerful new regulator or simply confer new powers on the Federal Reserve to oversee practices across the entire array of commercial banks, Wall Street firms, hedge funds and nonbank financial companies.

Sheila C Bair, chairwoman of the Federal Deposit Insurance Corporation (FDIC), which insures deposits at banks and thrift institutions and is one of several federal bank regulatory agencies, said: "Capital levels are the most important tool we have at the FDIC, and investment banks have lower capital levels than commercial banks."

The Treasury Department of the outgoing Republican administration is rushing to complete its own blueprint for overhauling what is now an alphabet soup of federal and state regulators that often compete against each other and protect their particular slices of the industry as if they were constituents. It will unveil its own blueprint for regulatory overhaul in the next few weeks.

Treasury Secretary Henry Paulson has acknowledged that the problems exposed by the housing crisis were diffuse and complex and could not be solved with a single action. "There is no silver bullet," he said repeatedly last week. But he suggested that he did not want to take any drastic regulatory steps while the financial markets remained in turmoil. "The objective here is to get the balance right," Mr Paulson said. "Regulation needs to catch up with innovation and help restore investor confidence but not go so far as to create new problems, make our markets less efficient or cut off credit to those who need it." This attitude has been behind Alan Greenspan’s Fed policy on regulating financial innovations for the past two decades.

Ideological divide allows only cosmetic changes
But the two political parties strongly disagree along ideological lines about whether, after decades of freewheeling encouragement of exotic new instruments like derivatives and new players like hedge funds, the pendulum should swing back to tighter control. Wall Street firms have also been major contributors to both political parties, and they are certain to oppose tough new restrictions. Given the philosophical differences about the value of government regulations, it is unlikely that a Democratic Congress and the Republican Bush administration would agree on more than cosmetic changes.

Except for the Federal Reserve, all federal bank-regulating agencies receive funding from fees paid by member institutions. 

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