17 March 2010

The Fed's View of American Banking: No Restraints for the Katzenjammer Kids


Through the mills of God grind slowly, yet they grind exceeding small;
Though with patience He stands waiting, with exactness grinds He all.
- Baron Friedrich von Logau, Sinngedichte

Mr. George Washington has a guest post over at Naked Capitalism that makes some points worth emphasizing. More Evidence That Banks Create Credit Out of Thin Air I find his work to be quite interesting, and a good companion to the work of Yves and Ed Harrison.

First, as we all know, banks do create money as credit 'out of thin air' in the current version of fractional reserve banking in the US. The Fed exercises some potential restraints on their ability to do so in the form of reserve requirements and Fed Funds target rates. One might think of the reserve requirement as a leash, and the Fed Funds as the price of exceeding the reach of the leash.

I had not been aware of the Fed's recent moves to eliminate the reserve requirement altogether. So, in keeping with the analogy, the Fed wishes to unleash the US banks to create money at will. One needs to realize that reserve requirements have already been significantly relaxed with the ruling on the use of sweeps to alter a bank's reserve profile on an overnight basis.

This is not quite as severe or outlandish as one might suspect, since there are examples in the rest of the world where reserve requirements are not used, such as in Canada and Mexico, and the voluntary system in the UK for example. The difference of course is that these countries have other traditions, customs, and laws in place. There is no comparison between the Canadian bankers for example, and the Katzenjammer Kids of Wall Street, although Canada may be heading for a fall of its own making as well. Their real estate is looking a bit frothy, and the instances of corruption on their equity exchanges I have witnessed is something to behold, and certainly a tip of some sort of iceberg that manifests elsewhere.

What is concerning about this in the particular perhaps is that the recent crisis in the US was precipitated by a solvency crisis caused in large part by excess leverage and rampant fraud, which then triggered a liquidity crisis, and a run on the banks. The similarites between this crisis and the Panic of 1907 seem more pronounced the more that is revealed. The difference of course is that Mr. J. P. Morgan and his bankers took strong steps to prevent such an event from reoccurring for their own good. How ironic that his own bank remains at the center of the problem at this turn of the cycle, but not as a remedial influence.

As we have seen with the New York mobs with the rise of Messrs. Luciano and Lansky, the syndication of abuse and manipulation of the law and the enforcement agencies is a paradigm shift that can transform even traditional small time thuggery into seriously organized crime that can overwhelm conventional safeguards and restraints.

The purpose of reserve requirements is to uphold some Capital Adequacy Ratio, meaning that a bank would have liquid assets adequate to support the normal demands of their customers. There are obviously other ways to do this, but a reserve requirement is a quite common method of controlling what is essentially a leverage and prudence issue. CAR is a bit of an anachronism when we have Frankenstein banks such as Goldman Sachs and Morgan Stanley, the Max und Moritz of American banking, that are less bank than hedge funds with little regard for depositors and traditional function of banks. The issue there is leverage and the adequacy of collateral. Is this where the Fed wishes to take American banking?

In the case of the US, the most recent crisis was precipitated by the rampant fraud in the assets held and sold by the banks in the form of collateralized debt obligations. The assets were not of a quality or a liquidity to support the bank's balance sheet.

The most recent revelations regarding Lehman Brothers in particular are quite pointed. The bank was using swaps to hide its true capital structure and leverage, and its vulnerability to a financial shock. When push came to shove, the company crumbled with losses much larger than anyone had estimated. The laxity at the New York Fed was an issue. It shows the weakness of what is essentially self-regulation of the banks by the banks, for the NY Fed is a creature of the banks. As Lehman says, "Everyone was doing it." It is just that Lehman were the ones that fell down, as the others were 'saved' at significant public cost.

By eliminating the reserve requirement the Fed is seeking to relax the constraints of its need and ability to 'save' banks when shocks occur. If there is no reserve requirement, then the Fed need only address itself to a run on the bank. As Mr. Washington states, the Fed stands ready to provide any and all capital required. They just do not wish to do it under constraints beyond their control.

What are seeing is the natural progression of a debilitation. The financial engineers keep creating problems with their tinkering, and the solution is to keep relaxing the constraints on their actions. As the comedian used to use, what we need is "MORE POWER!"

The Fed is the last place that should receive additional power over the banking system, showing itself to be a bureaucracy incapable of exercising the kind of occasionally stern judgement, the tough love, that wayward bankers require. And the mere thought of putting Consumer Protection under their purview makes one's skin crawl with fear and the gall of injustice.

They may get it, this more power, not because it is deserved, but because politicians themselves wish to have more power and money, and this is one way to obtain it.

The next time the financial system crashes, the torches and pitchforks will come out of the barns and there will be a serious reform, and some tar and feathering in congressional committees, and a few virtual lynchings. The damage to the people of the middle class will be an American tragedy. But this too shall pass.

Kurz, im ganzen Ort herum
Ging ein freudiges Gebrumm:
"Gott sei Dank! Nun ist's vorbei
Mit der Übeltäterei!"
Max und Moritz
Among the people quickly went
a joyful sigh of deep content:
"God be praised! at last we're free
From da boyz' insanity
!

P.S. My grandmother (mein Grösi) told me the stories of Max und Moritz when I was a very little boy on her lap. It is my earliest childhood memory.


Net Asset Value of Certain Precious Metals Funds and Trusts




Revised to the close of trading

Bubble-nomics: SP and Nasdaq Straining at Resistance And the Remnants of Fear


The SP is trying to break out of the trend and hold it's gains. I would not get in front of this, unless you wish to guarantee an opportunity for an additional short squeeze. Remember, the wiseguys can peek into your collective hand at will, and read your strategy within milliseconds of your executing it. That is why playing short term trends is becoming increasingly difficult for the individual speculator.



It is useful to watch the Nasdaq 100 at key support and resistance levels, as well as the broader indices. The SP futures are generally the 'push' where the flash and sizzle of bull markets occur of late. Buying the futures drags much of the market behind it. But this can only last for so long unless additional 'real' buying steps in.



Formidable retracement. Now the rally must show its mettle and either confirm an economic recovery or the start of a new bubble led by financial assets, or not.



Little pricing in of fear, but the markets remain thin and a bit uneasy.



The Dollar is hanging on to support.


JPMorgan, UBS and Deutsche Bank Charged with Derivatives Fraud


More like international crime families sending out enticing emails trying to lure and trick the unsuspecting than serious financial institutions. This is banking?

Notice that these were operating out of their London units, similar to the AIG derivative scandal that helped to worsen the US financial crisis. The FSA is apparently working hard now to enforce its rules and bring these banks to heel. Contrast that with the SEC in the States which seems reluctant to do anything regarding enforcement, and even when a judge puts them to the task, are able to administer only the mildest of financial chastisement to be passed on to the shareholders.

There is speculation that the US government cannot reform these banks because it is deeply involved in financial transactions of a questionable nature with them itself, ranging from enormous individual campaign contributions to market manipulation in various financial instruments in support of government policy which is otherwise failing badly. The opacity of markets and government bodies like the ESF makes this difficult to assess, but the outrageous size of positions amongst some of the banks, together with the occasional slip in the redacted transcripts is the smoke that indicates more heat beneath the surface than we might imagine.

The US Treasury Secretary himself is recenly implicated in an outrageous accounting fraud perpetrated by Lehman Brothers with the apparent complicit silence of the NY Fed which he was leading at the time.

And yet the Congress seems to be able to do little or nothing, it is so controlled by the monied interests. The Senate has the temerity to propose giving Consumer Protection to this very Fed as it is revealed to be complicit in bank fraud of epic proportions, and a track record of fighting and delaying consumer reforms and sensible regulation of OTC derivatives for years. The Republicans are unashamed of their venality, and the Democrats are seemingly leaderless.

The banks must be restrained, the financial system reformed, and balance restored to the economy before there can be any sustained recovery.

Bloomberg
Deutsche Bank, JPMorgan, UBS Are Charged With Derivatives Fraud
By Elisa Martinuzzi and Sonia Sirletti

March 17 (Bloomberg) -- Deutsche Bank AG, JPMorgan Chase & Co., UBS AG and Hypo Real Estate Holding AG’s Depfa Bank Plc unit were charged with fraud linked to the sale of derivatives to the City of Milan.

Judge Simone Luerti scheduled the trial of the four firms, 11 bankers and two former city officials for May 6, Prosecutor Alfredo Robledo said after a hearing in Milan today. The banks allegedly misled the city on swaps that adjusted interest payments on 1.7 billion euros ($2.3 billion) of borrowings.

Prosecutors across Italy are probing banks as local and national government agencies face potential losses of 2.5 billion euros on derivatives, lawyers say. The Milan probe may also affect cases as far away as the U.S., where securities firms have faced charges for price-fixing and bid-rigging in the sale of derivatives to municipalities, though not for fraud, according to former regulator Christopher “Kit” Taylor.

“This case could have repercussions over here if the trial showed deliberate intent,” said Taylor, a former executive director of the Municipal Securities Rulemaking Board, the national regulator of the municipal-bond market. “What happened in Europe was the continuation of a pattern in the U.S.

UBS, JPMorgan and Deutsche Bank officials didn’t have an immediate comment. Officials at Depfa couldn’t immediately be reached.

Robledo alleges the London units of the four banks misled Milan on the economic advantage of a financing package that included the swaps and earned 101 million euros in hidden fees.

He also claims the banks violated U.K. securities rules by failing to inform Milan in writing that for the swap deal the city was a counterparty to the lenders rather than a customer. Banks abiding by the rules of the Financial Services Authority are required to shield customers from conflicts of interest and provide them with clear and fair information that isn’t misleading.

The prosecutor, who seized assets from the banks equal to their share of the alleged profit, is claiming JPMorgan charged about 45 million euros in commissions that were hidden from the municipality, while Deutsche Bank made about 25 million euros, Depfa Bank earned 21 million euros and UBS made 10 million euros, court documents show....