TPMDC
« Flashback: Coleman Said To Spare State Cost Of Recount -- But Is Now Angling For Multi-Million Dollar Election | Home | Poll: Biden's Son Trails For Senate Seat »

Senior GOPer: Banking Capital Rules 'Were Too Liberal' ... So Let's Be More Liberal on Accounting Rules

Rep. Paul Ryan (WI), the senior Republican on the House Budget Committee, appeared on MSNBC's "Morning Joe" today to address the mounting criticism of his party as lacking an alternative approach to the financial crisis.

After host Joe Scarborough noted that MSNBC analyst Mike Barnicle's wife works for Bank of America -- and jokingly asked the congressman to "wind them down ... more slowly than other banks" -- Barnicle asked Ryan whether minimum capital requirements for banks should be lowered beyond their existing levels.

In response, the GOP congressman acknowledged that capital requirements have been "too liberal" during the past decade, echoing the warnings of economists who have criticized global regulators for overly relaxing the level of capital that banks are permitted to hold.

But what does Ryan think is the best way to bounce back from overly liberal capital requirements? Imposing more liberal accounting rules by suspending mark-to-market accounting practices that require rational valuation of toxic assets. The congressman's full remarks are after the jump.

When you have mark-to-market accounting in a downward economy, in a spiraling balance sheet economy, that means those reserves have to grow, that means you can't lend as much.

So we need to fix the mark-to-market rules, either suspend them, go to a six- or a one-year rolling average. It's these mark-to-market rules that are taking these balance seats of these banks downward and preventing them from lending.

So rather than changing the capital requirements, which were too liberal in the last, you know, 10 or so years, let's fix the rule that caused it in the first place, and that's mark-to-market.

Late Update: Here's the video:


16 Comments

| Leave a comment
user-pic

Mommy went to sleep and left the cookie jar open!

They are all hoping she won't count the cookies when she wakes up...

user-pic

OK, so I was just a lowly English major in college, so I have a hard time wrapping my head around financial issues. I don't get how mark-to-market is ethical as it is based on some future valuation that we can't possible know will come to fruition. And, in the Real Clear Markets link, the author uses Internet companies as an example. Didn't the dot com bubble burst about ten years ago? Aren't shady accounting practices what led to the collapse of Enron? Someone help me out here. This seems to be a big GOP talking point of late, and I haven't any idea what it really means, why they think it's a good idea, and why it might not be.

user-pic

Mark to market means you value an asset at the highest price someone will pay for it now, even if that price is crazy low based upon the asset's fundementals.

user-pic

I know the Republicans want to carry their conservative message to urban-suburban hip-hop settings, but isn't this business with Marky Mark accounting going a little too far?

user-pic

Love the comment.

--and the Avatar.

Had mine since June-ish?? I'm due for a new one so I'll start looking.

Cheers!

user-pic

The whole "mark to market" question is a lot more complicated--both morally and economically than either liberals or conservatives--or just people yearning for want it to be.

"Mark to market" was imposed in response to a specific abuse. Companies and banks were taking advantage of a loophole that let them assign damn near any value they wanted to assets or debits that did not trade on a regulated exchange or have other generally recognized valuation methodologies (as is the case with real property).

From the premise that it was really hard to accurately value thus stuff because there was no regular market, which was quite true, the companies naturally concluded they they were free to cook their books by pulling values out of their asses, which was not true, and also mendacious and evil.

As a result, we ended up with absurdly high values assigned to high-risk class C collateralized debt obligations backed by sub-prime mortgages because the issuer had gotten the credit rating agencies to whore out a AAA for them on the basis of a credit default swap unbacked by reserves. Or, under the same theory, they were massively understating the value of stock options granted to executives to keep from pissing off the shareholders.

The regulatory solution to this problem was the "mark to market" rule. Basically, the SEC and GAAP said, "if you if you're going to abuse the valuation discretion we gave you, we'll just take it away. So now we don't care if there's not a competitive market for this crap; now the amount anyone will pay for the class of assets is what you have to book, no matter how inefficient and devoid of competition the market may be."

So what's wrong with that? The market knows what stuff's worth, right? Indeed, econ 101 says nothing is worth more than someone will pay you for it, right?

Well, yeah, that's kind of true. No matter what the Simplistic Bozos for Paul say, nothing has intrinsic value, not even that sometimes useful shiny yellow heavy metal they so adore. But its also kind of not true. How much is the Mona Lisa worth? The French aren't sellin' so there's no way of knowing without resort to speculation, which is what "mark to market" is supposed to prevent. And there are no comparables--what compares to the Mona Lisa?

Well CDOs ain't the Mona Lisa and there are at least a few buyers. The problem is buyers are scarce because no one knows what the default rate is going to turn out to be on the mortgates that back them; they only know it is increasing and there's no end in view. Therefore anyone who is willing to buy even "good" CDOs--Class A's backed by 30 year 20% down mortgages--offers a price that's so low that there is virtually no economic catastrophe that leaves civilization standing that could drive the default rate high enough to make the buyer take a loss. And as for the bad stuff--there's no market at all. Want some CDO's from backed by subprime interest only ARMS? No? Not even from the "A" tranche? C'mon, its not possible that all of those mortgages are going to default--so they have to be worth something, right?

Well, not according to "mark to market." No one has credit. Anyone with money is hanging on to it because they're terrified. Those who are still interested in buying up some debt can buy better debt than the bad CDO's super-cheap. Because no one wants to buy subprime-backed CDO's they are, according to "mark to market," valueless even if they are still generating substantial income.

It is axiomatic in both law and economics (with apologies to U. of Chicago grads) that any asset that generates a stream of income has value. Yet, according to "mark to market," if no one will buy the asset because they don't yet know what that stream will turn out to be-- and won't know until we hit bottom-- it has no value for purposes of accounting.

That, in turn, means that a bank that owns them is technically "insolvent" even though the "worthless" assets do have, and will have, an income stream, and, hence, substantial value. That "insolvency," in turn, causes Paul Krugman to call the owners "zombies" and stridently demand nationalization and causes rigid doctrinaire Republican blowhards to demand that you be dissolved. And that, in turn, increases buyer uncertainty about the value of the the assets, further shinking the market, further increasing the number of income-generating CDO's deemed "valuless," and, P.S. and btw, requiring further increases in the capital reserves of AIG and other credit default swap issuerers, which pulls more money out of the capital markets, which further decreases the marekt for CDO's and downward we spiral.

I have no idea what the answer is. I have no idea how to value CDO's when we don't know how bad the mortgage default rate will get before it bottoms out. I totatally do not trust these guys to value honestly if they are given any discretion whatsoever, so I see the need for a bright line rule. However, I also think that the particular bright line rule they chose, mark to market, will ultimately have the perverse effect of making things--everything--worse.


user-pic

I NEVER read posts this long...until today. Nice job.

However, I don't necessarily agree that no one knows what the default rate is going to be. That might be true in a global sense, but there are certainly subsets (probably even a majority) with a low risk and for which a reasonably good assessment can be made. The problem seems to be that the whole mess has been derivatized to the point where no one knows how to untangle the good assets from the bad, so the whole barrel is tainted. If they could segregate the good assets from the bad, there might develop a market for the good stuff, which would immediately alleviate a large portion of the problem.

user-pic

It seems like a real problem that banks can't determine the value of their market backed securities. Isn't that what they are supposed to do? Isn't that kind of like McDonalds saying they don't know how to make hamburgers?

As I understand it, when you apply for a mortgage the bank compiles a bunch of information (credit score, assets, income, property value, etc). The purpose is to determine the risk of default which is used to determine eligibility and terms for a loan. The rate will be the bank's cost of borrowing the money plus the loss from a potential default plus profit. Once the loan is written, the bank should be able to assess the value like it was an annuity with a discount to account for the risk of default (which can be calculated similarly to when the loan was written).

Assuming that banks can in fact value an existing loan, something has happened during the process of creating these mortgage backed securities to completely obfuscate the risk (as I understand it, the loan documents have ceased to be passed along appropriately). Which begs the question, why were banks buying and selling securities without any means of valuing them? Or perhaps more shocking, what were ratings agencies doing rating securities without any way of determining the underlying risk?

Unfortunately, given the current situation it seems that there is no better option than to maintain the mark-to-market system. However the fact that this is necessary is an indication that regulation has been criminally lax.

I know that the situation is likely too complex for my gut reaction of - they ran their business into the ground so that's where it should be. But the next time somebody starts blathering on about personal responsibility in the context of welfare / unemployment benefits / single payer health care / etc I might just stab them.

Is there any way we could nationalize (read: seize) the ratings agencies and use some of their assets to pay for a portion of the banking bailout? They seem to have profited handsomely in creating this mess and in doing so proven that they are completely incapable of behaving ethically. Just sayin'.

user-pic

FAS 157 (Financial Accounting Standard #157) is the accounting rule that deals with valuation of these sorts of assets. It is colloquially called teh Mark-to-Market rule.

twoviragos - it does not mark to some future value (that is what the good Congressperson is suggesting we go to), but rather it values an asset at the the saleable price today. For example, if Company XYZ bought 10 shares of IBM at $100 per share, they record the asset value as $1,000. In 90 days (the next reporting quarter) IBM is trading at $50. XYZ must "mark" their investment to the "Market" price of $50 per share, or $500, taking a $500 loss.


Where this gets compolicated (and some would say unfair), is in the current environment. Say I have $1 Bln of 2007 Retail Mortgage Backed Securities. I have to mark those every quarter. But there isn't a market for those bonds right now. What few are traded are traded for pennies on the dollar. At the same time, I have no intention of selling them, I see them as more valuable. Also, my bonds are paying their coupon every quarter and have a positive cash flow.

In this instance, there isn't a robust market to benchmark them against. The bank is penalized for this. Say the bonds would be worth $100MM if I sold today. I would never take a 90% loss by selling for that price. But in the accounting rules I am forced to take that loss anyway.

So mark-to-market is fine WHEN THERE IS A FUNCTIONING MARKET. When the market is irrational and disconnected, mark-to-market is exceedingly severe in its accounting treatment.

The best policy is probably somewhere in the middle.


user-pic

Do you have to have an idiot gene to be in the Republican party?

user-pic

Paul Craig Roberts wrote this the very same thing about suspending the mark-to-market rule on 2-24-2009. I have been reading him for two years now and he makes sense.

“All government needed to do was to suspend the mark-to-market rule. This simple act would have removed the solvency threat to financial institutions by allowing them to keep the derivatives at book value until financial institutions could ascertain their true values and write them down over time.”
...

“Taxpayers, equity owners, and the credit standing of the US government are being ruined by financial shysters who are manipulating to their own advantage the government’s commitment to mark-to-market and to the “sanctity of contracts.” Multi-trillion dollar “bailouts” and bank nationalization are the result of the government’s inability to respond intelligently.”

http://www.counterpunch.com/roberts02242009.html

Paul Craig Roberts was Assistant Secretary of the Treasury in the Reagan administration. He is coauthor of The Tyranny of Good Intentions.

user-pic

Awesome post NCSteve, formerly. thx

user-pic

Garbled opening sentence and misplaced italic tags notwithstanding? Thanks.

user-pic

Dumb Azz Congressman!

user-pic

As a hardcore Democrat defending Rep Ryan is not something that I am apt to do. The call to suspend the mark to market rules are not limited to Republicans. Many Democrats also support the move. What the mark to market rules end up doing is value a everything as if it was going to be sold now. What many financial institutions do is to match a revenue stream with a debt stream and lock in a spread. This means that if you loan money at 8% and borrow it at 5% you make 3% per year. To make this match they will many times use interest rate swaps to create the fixed rate situation that I cited. As long as they hold everything until maturity they make their spread an are profitable. With mark to market they have to value each piece of the transaction individually so that the value of the loan is either written up or down to market value as if you are going to sell it and mark the interest rate swap to the cost to unwind it prematurely. This causes the situation where you are making 3% per year to suddenly even create losses in the current term because of the changes in current value. All derivatives are not bad. Many are useful tools for a financial institution to manage its assets and liabilities. I happen to think that trading portfolios should be marked to market because you intent is to sell them in the short term. Items that are going to be held until maturity should not be marked to market because at any time the marking can either create artificial profits or losses that distort the financial picture of the institution.

user-pic

Like BobinKS, I too am a hardcore Democrat and I think we should suspend mark to market. This accounting rule was new in 2007 so it is not like we are undoing a long history. And it will not allow banks to make up the value of the asset. Say I bought a house last year for $500K and I have a mortgage of $500K but the market value of the house now is $400K. I have no intention of selling or walking away from the loan. I intend to keep this house forever. The bank booked it at market so it could sell my mortgage but it doesn't want to sell it now at a loss. It can's switch back to put it on its books as $500K plus which is what I will pay over the life of the loan. Just allow the banks to change the asset to another acceptable valuation (hold to term) and a large part of this mess goes away. Barney Frank is holding hearings next week (month?) and the CPAs who set GAAP says it may act at the end of this quarter to change/ease it.

Leave a comment

Advertisement
Please disable your adblocker!
Ads are how we pay the bills!

Subscribe

Josh
Marshall

Bio

Matt
Cooper

Bio

Eric
Kleefeld

Bio

Brian
Beutler

Bio

Advertise Liberally
Share
Close Social Web Email

"To" Email Address

Your Name

Your Email Address