
There's always a little wiggle room.
The Obama administration is telling Senate Democrats to ditch a measure in their financial reform bill that would create a $50 billion liquidation fund by assessing a fee on big financial institutions. The fund is intended to be used to cover the cost of winding down large firms, when they fail. According to the Associated Press, the administration would like the financial industry to cover the cost of liquidation after an institution has been dismantled.
Perhaps not coincidentally, this is a measure Republicans oppose, on the grounds, they say, that the mere existence of the fund will incentivize risk taking, and lead to more bailouts.
A few things to note: First, the administration has never liked this provision. Just this week, Treasury Secretary Timothy Geithner danced around that fact at a White House press conference. Second, it's not a make or break issue with Senate finance principals. But there are Democrats who strongly support the provision and won't be pleased to see it go.
Some Republicans, including Sen. Bob Corker (R-TN), once a key regulatory reform negotiator, have suggested that removing the provision would be a step toward gaining Republican support for the bill. We'll have to see if that pans out. A spokesperson for Corker was not immediately available for comment.
Late update: Senate Minority Leader Mitch McConnell, on the other hand, applauds the move...and implies it's just one of many concessions Democrats will need to make. "I appreciate the Obama administration's recognition of the need to substantively improve this bill," reads McConnell's official statement. "And I hope we can work with them to close the remaining bailout loopholes that put American taxpayers on the hook for financial institutions that become 'too big to fail.'"
mcc
April 16, 2010 7:13 PM
Of course, the actual purpose of the $50 billion liquidation fund is to PREVENT government bailouts. Getting rid of it is a terrible idea.
The replacement proposal as described by the AP is that instead of having a specific fund for the costs of dismantling a failed institution to be drawn from, the costs would be "paid by the financial industry after a firm has failed and been dismantled". Isn't this the same thing, just moving numbers around on paper? The $50 billion fund was filled using money paid by the financial industry, and if money is spent out of it it will be refilled with the financial industry's money. In other words the financial industry is paying the costs either way, just in one version the financial industry pays $50 billion up front. WIthout that up-front costs fund-- when an institution fails, who pays for the day to day costs of performing the dismantling, before the costs are totaled up and the bill is sent to the "financial industry"? The government will be paying in the meantime, one assumes? Isn't that basically a "bailout"?
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JoeTheMechanic
April 17, 2010 2:04 AM in reply to mcc
Yes. I think you are right.
Unfortunately, truth got chewed up by the Republican media machine.
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kgb999
April 17, 2010 3:25 PM in reply to JoeTheMechanic
Lord knows once that happens the only option is to run ... run AWAY!!!!!
As an alternative, maybe try saying "If you want to protect taxpayers from a major banking crash bank differently, we'd be happy to allow the RNC put up the money to ensure their banking friends can liquidate without using taxpayer funds. If not, the banks will be required to maintain their own liquidity. STFU."
Trying to support Democrats is an embarrassing exercise in being smeared with "wuss".
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2questions
April 17, 2010 7:36 AM in reply to mcc
Here we go again (just like HCR)...another race to the weakest bill possible.
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mcrose68
April 17, 2010 12:00 PM in reply to mcc
There is a central fallacy in the moral hazard, which assumes that a company cares if it is bailed out. Despite the opinions of the current SCOTUS majority, companies don't care about anything since companies are not people. They are fictional entities.
One would think that the employees of a company would want their company bailed out, but the employees don't get to make decisions on what actions a financial firm takes. It is of course the executives which decide on the direction of a financial firm, and they will be canned in any restructuring - so it makes no difference to them if the company survives. The only thing that determines whether a financial institution will make stupid decisions which result in failure is whethe the financial compensation to the executives encourages such behavior.
In short, as long as Joseph J. Cassano is free and still holds the money he was given for selling lies (CDSs which he and his company could not cover) then the nightmare continues.
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plaidsportcoat
April 16, 2010 7:15 PM
"We'll have to see if that pans out."
Don't hold your breath, now.
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Maritza
April 16, 2010 7:16 PM
I know that the White House NEVER liked this provision in the first place. By removing it it does call the Republican's bluff.
As long as Obama stays firm on the derivatives and the consumer protection agency then other things can be negotiated.
Perhaps Dodd needs to sit down with Corker and negotiate a little more on other things as long as derivatives/consumber protection agency isn't touched.
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mcc
April 16, 2010 7:33 PM in reply to Maritza
I would like to hear a lot of detail on how this "the financial industry covers the cost of liquidation after an institution has been dismantled" thing works.
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Maritza
April 16, 2010 7:49 PM in reply to mcc
What they will do is fire the management of the bank and then sell those assets. When they sell those assets of the bank that will be used to pay back the government when they wind down that bank company.
CNN is reporting that the Obama administration is trying to call the GOP's bluff. The White House knows that if the GOP keeps stalling by September 15th 2010, they will have a winning issue with not only the American people but it will FIRE UP THE DEM BASE to come vote in November against the GOP.
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mcc
April 16, 2010 9:49 PM in reply to Maritza
Alright. So the basic thing the government does is the same in either case-- it replaces management, sells all assets, pays back as many obligations as it can. Not necessarily in that order?
There's two reasons you need money to do this: one, to pay out obligations, two, because actually auditing the whole thing and working out what assets there are and what obligations there are and running the lights in the building while this is all going on costs money. Right?
The second kinds of costs could be potentially significant, but whatever-- that's easy to hide inside of an existing agency budget. The first kinds of costs are something different.
The first kinds of costs are a lot more problematic. Ideally I imagine they'd sell the assets, then pay the obligations, and the government never has to contribute a dime. However I see two problems: First off, what if for some kind of economic stability reasons it makes sense to pay off obligations *before* the assets are sold? Second off, what if there are significantly more obligations than the assets turn out to be worth in the end? Does the bill in these cases actually just say, screw it, too bad? Obligations have to wait until the asset sales are done, and if we come up short in the end then that's all the money anyone's getting? I know the bill has a priority list, and investors and some kinds of obligations are at risk for being wiped out completely-- could potentially EVERYONE get wiped out, if the assets turn out to be worth literally nothing?
Because if the government does have to pay out money on obligations from a failed firm, whoever it's to, whether or not it gets the money back later or who it gets the money back from-- then it will get labeled a "bailout". The last year or so has made it clear that people are just as angry about "bailouts" even if the government eventually gets 100% of the money back.
So if that's going to happen, ever, it seems much better for it to come out of something like this $50 billion insurance-ish fund the Dodd bill sets up, than for it to come out of the government's own pockets.
How does this work? Has anyone read the bill? Am I missing anything?
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shooter242
April 17, 2010 10:11 AM in reply to mcc
No, it's a good idea and here's why.
Both the FDIC and the AIG handouts were bailouts. In the case of the FDIC the banks are assessed money to pay depositors (people owed money) in case of failure. For AIG, the people owed money were given taxpayer funds, but they were banks and financial institutions.
What this bill does is create a fund to bailout financial institutions, exactly like a fund was created to bailout depositors. So the question is... should banks and such be guaranteed return of their money if a problem comes up?
One aspect in favor of this bill is that the fund comes from the banks not the taxpayers. But that same rationale was in place for Fannie and Freddie. They would keep enough money to stave off any problem in the mortgage market, but that went by the wayside and now we taxpayers are covering their problems too.
In the end, having a huge fund to be administered by Govt is a tacit guarantee that Govt will cover everything no matter what. One can say it should do such and so, but as we've seen when push comes to shove, the Govt will do whatever it thinks it has too, (or wants to) no matter if it's legal, unlawful, or even immoral. Creating this fund just makes it easier.
So, in the end, the real question is should we the taxpayers allow fatcat moneymen to escape the consequences of failure like we have so far, or not?
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Rick Shreiner
April 18, 2010 8:41 PM in reply to shooter242
Sorry, you don't seem to have read the bill.
1) The financial institutes pay for the $US 50 BILLION fund. It's not taxpayer money.
2) The bill demands that financial institutes design and put in place plans to dismantle themselves [a self-destruct clause] in the event that they become insolvent and must fail. And that self-destruct clause must be periodically updated and kept current.
3) The bill guaranteees that the government is FIRST IN LINE to recover any funds from selling of assets etc. over the $US 50 BILLION dollars if it should become necessary to "pay extra" to dismantle a financial institute. No payouts without guarantees of repayment.
It's just that simple.
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GTFOOH
April 16, 2010 9:43 PM
Never was crazy about the effectivness of this measure. But if the Obama administration is going to deal it away, what are they getting in return? Why are they always so willing to show their cards first?
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jacobanderson
April 16, 2010 10:37 PM
Hey folks, to better debunk the deliberate lies and misinformation spewed by Fox News and Frank Luntz, it helps for us to understand what is in this bill as best as possible. Check out the following summary and draft of the bill, which is already available:
http://banking.senate.gov/public/_files/FinancialReformSummary231510FINAL.pdf
http://banking.senate.gov/public/_files/ChairmansMark31510AYO10306_xmlFinancialReformLegislationBill.pdf
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Marquis de SeaToShiningSea
April 16, 2010 11:25 PM
Negotiate from strength... Double the fee.
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eztempo
April 17, 2010 12:45 AM
So the Democrats have already begun the "negotiate with ourselves" phase of giving up stuff without getting anything in return?
Wow. And the bill has only been in the news a couple of weeks, now. The Administration is trying to beat their personal record for caving in to Luntz-crafted talking points already?
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ericf
April 17, 2010 1:14 AM
If the $50 billion liquidation funds encourages risk taking by big banks, then the FDIC must be the cause of small bank failures. And insurance companies cause house fires and car accidents.
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willia451
April 17, 2010 8:59 AM in reply to ericf
Yep. Think the financial industry is going to bail out a competitor using THEIR money; after the fact?
Please. Spare me.
That is never going to happen. In another crisis, they will be weakened as well; and screaming for help.
The FDIC model works great. The taxpayer has never had to pay a dime to bailout a depositor bank in the last 50 years. And no depositor has ever lost a single cent since the FDIC started.
But no.
Here we go again.
Its more important for the conservatives to pad their political wallets than do what is best for the nation.
Disgusting.
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shooter242
April 17, 2010 10:23 AM in reply to willia451
Just to reiterate my point above, FDIC has worked well for depositors because the depositors don't have trillions at stake At most we're talking a couple billion here and there.
JP Morgan's derivative portfolio today is $67 trillion. Think a $50 billion find is going to cover that? Moreover depositors aren't involved in the banks operations, they are innocent bystanders relying on fiduciary duty from the bank.
Should JPMorgan be protected from itself?
Just like the Fannie and Freddie "implicit" Federal guarantee is now defacto, this fund will be an "implicit" guarantee for banks. It will now be easier for Goldman to be bailed out in the future. I for one don't think that should happen.
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willia451
April 17, 2010 11:38 AM in reply to shooter242
Then make it a $100 billion fund. Or $200. Or, don't set a limit. Just make each firm pay a fee that goes into a fund that continues to grow.
We are not protecting JPMorgan from itself. We are protecting the taxpayer from JPMorgan / Goldman.
Its the only way to go. Unless you want to set a size limit on these "Too Big To Fail" institutions.
As we've seen, lacking such a fund, the taxpayer is on the hook for such financial disasters. Because we are simply NOT going to allow these institutions to drag the entire economy down into another Great Depression with the 25% or greater unemployment that goes along with all that.
If we're not going to limit their size, we should at least make them pay for their own insurance policy.
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kgb999
April 17, 2010 3:49 PM in reply to shooter242
That is a total mischaracterization of the fund. It's purpose is not to keep an institution operating once it has crashed. It is to ensure that there are the funds available to unwind it and liquidate the assets without needing to tap the "systemic assistance" federal funds that will be built into this bill no matter what. The alternative plan requires banks to kick down the funding AFTER a crash happens - which is absurd on it's face. You are demanding that taxpayers continue to act as the ultimate backstop to losses that everyone acknowledges will occur in a failure scenario instead of requiring the banks to do a set-aside on the front end.
There was never any scenario in the Fannie/Freddie structure under which failure of was an acceptable outcome. This is still the case. There is no way to draw any inference from how we have handled that issue. What you are really highlighting is that public/private partnerships will always be gamed by the private component - making the very concept of privatization of government functions and systems to seem horribly ill-advised. Two different issues, but yes, you are right the government should just be running systems like Freddie/Fannie outright and then we wouldn't have to worry about corporate fat-cats (yes, including Rham Emmanuel) having a direct tap into our tax dollars.
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shooter242
April 17, 2010 4:31 PM in reply to kgb999
Sorry but that doesn't fly. Bankruptcy courts don't spend money to liquidate companies. The money comes from sale of assets. The only reason to have a pool of that money that big is to bailout somebody.
While there are public benefits from insuring bank deposits and making a market in mortgages, there is no good reason for Govt to be in the financial industry restoration business. Instituting this fund just cements the idea that "too big to fail" will continue. It's the only reason to have this fund.
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kgb999
April 17, 2010 5:05 PM in reply to shooter242
You realize it doesn't have to ALL be spent on a single incident, right? But walk me through this real quick. A company is insolvent - no money to make payroll, no money to pay bills. This isn't a self-liquidating situation. If someone comes in and undwinds, there are indeed expenses associated with that. There is ZERO guarantee that the assets will be enough to cover even legal expenses.
So. Who pays? News flash: it's US. Every fucking time. So if it's their own damn money ... WHO CARES if they want to keep bailing themselves out from here to eternity? That just makes things more stable. If the funds don't come out of our pockets, I don't get the beef.
And let's be real clear here. The problem isn't the bailouts, the problem is the crash. If all they have to do is set aside $50 bn as a rolling bailout in an inherently risky system, WHO CARES? IMO, you are obsessing on a symptom to the point of being myopic as to the real problem.
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Michael A
April 17, 2010 5:47 PM in reply to kgb999
Don't waste your time. He doesn't hear you or want to understand. He wants to spew lush and train wreck beck's talking points without thinking.
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willia451
April 17, 2010 5:38 PM in reply to shooter242
You are being irrational. At this point I believe you are just arguing just for the sake of arguing.
Look what happened when we allowed Lehman Brothers to go bankrupt. It nearly brought down the entire financial system and the US economy along with it. If the world governments had not acted, it would have lead to Great Depression II.
Again, if we are not going to mandate the size of these "Too Big to Fail" financial institutions (which we are not, unfortunately) then we should at least require them to bail themselves out with a fund they pay into over time.
Not the American taxpayer.
You’re trying to have it both ways. Slam the problem. Then slam the solution.
What would be your solution? Do nothing? And if we slide into another Depression so be it?
Ok. But if that is the case, I’m very, very glad YOU are not in charge. LOL!!!
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shooter242
April 18, 2010 8:50 AM in reply to willia451
I understand your concerns but they are misplaced. The financial system wasn't brought to the brink by a bankruptcy, it was not knowing who had what toxic debt and who might default on payments. In short, it was a lack of transparency.
Regulating derivatives is something the Reps agree with. Establishing a slush fund for Feds to play with, while playing God deciding who lives and who dies, isn't.
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willia451
April 18, 2010 12:33 PM in reply to shooter242
Point well taken on transparency. I agree. Regulations should be stregthened to ensure derivatives are dragged into the light of day so that investors well understand exactly what they are buying into.
However, as we've seen over time, regulation alone is not enough. Regulators cannot be all places at once. Especially in the global economy and given the whims of political fortunes.
Therefore, I would advocate for an FDIC like fund, that large financial houses would pay into over time, that would protect the American taxpayer from the same fraud and greed that we have witnessed over the last 15 years (since we have abandoned limiting the size of "Too Big to Fail" companies).
I believe that is a prudent course of action.
And it does not HAVE to be a slush fund the FEDS play with; if constructed along the same lines we've seen works well for depositors in FDIC ensured institutions.
I think what you are going find if we don't have such a fund, that the taxpayer is going to have to run to the rescue again and again. Need I remind you, TARP was initiated under a Republican administration. You might not agree with it, but, no matter what Party is in control, they are simply not going to allow the United States economy to slide into Depression on a matter of priciple.
But, having said all that, it probably won't happen. Because its become political now.
Good post however. At least it seemed based on reason on some level.
Keep up the good work.
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Jason Miller
April 18, 2010 5:27 PM in reply to willia451
TARP was initiated by a republican president over the objections of the right and left wings of both parties while passing handily with everyone else in the middle. Including our president, who was a vocal proponent going into the November election. That said, it is nice to see more people making an effort to discuss these issues free of rancor.
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mophan
April 18, 2010 8:36 PM in reply to ericf
I like it when I read a post that sounds almost exactly like on I was about to write for two reasons:
1. It saves me from typing, but more importantly
2. It assures me there are others out there who think like I do.
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JoeTheMechanic
April 17, 2010 1:56 AM
"The administration instead wants the costs of liquidation to be paid by the financial industry after a firm has failed and been dismantled."
This sounds good to me, but the Republicans can easily make the public think the the 50 billion is bailout money. Drop it. Make the anti-bailout provisions stronger until the Republicans start screaming "Baby Killer!"
Tighten up the bill up to the point that tears begin streaming from Joe Lieberman's bloody eyes. Crank up the heat until Blache Lincoln starts blathering about pulling the plug on granny.
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superking
April 17, 2010 2:01 PM
Just like Health Care Reform, the Administration is "negotiating" by giving away bargaining chips before the negotiations even begin. This does not bode well.
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midnight rambler
April 17, 2010 3:30 PM
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shooter242
April 17, 2010 8:24 PM
Yes let me walk you through it.
An insolvent company can go through bankruptcy via liquidation or reorganization. It does this in a court of law, and a judge examines what the assets are and the claims against them. He also takes out of the assets what is needed for the process FIRST. The lawyers get theirs, creditors are awarded a little something or nothing at all. Then it's done.
In a reorganization, debt is cancelled, financing is arranged to take care of the overhead and the company goes forth to try again.
I can hear you panting already. If the private sector won't finance a reorg, the company is dissolved. If the Govt decides the company can't be allowed to fail, it will provide the financing. The $50 billion is just a down payment and the mechanism to funnel taxpayer money, into a bailout. Rescuing a company, that can't stand on it's own, is a bailout. GM was a bailout. It alone has eaten some $100 billion all by itself, and you really expect that $50 billion to solve any problems? Not a chance.
To once again summarize... dissolving a company requires NO MONEY from outside the company.
Reorganizing a company (like GM) with public financing IS A BAILOUT.
Paying off creditors of a reorganizing company with public money IS A BAILOUT.
$50 billion is just pin money and a down payment on public money.
Now, if like Willia there, you are in favor of bailouts, just say so.
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