Break Up The Banks
A fight is brewing in Washington - or, at the least, it ought to be brewing - over whether to put limits on the size of financial entities in order that none becomes "too big to fail" in a future financial crisis.
Some background: The big banks that got federal bailouts, as well as their supporters in the Administration and on the Hill, repeatedly say much of the cost of the giant taxpayer-funded bailout has already been repaid to the federal government by the banks that were bailed out. Hence, the actual cost of the bailout, they argue, is a small fraction of the $700 billion Congress appropriated.
True, but the apologists for the bailout leave out one gargantuan cost -- the damage to the economy, which we're still living with (witness the latest unemployment figures). Leave it to the Brits to calculate this. Andrew Haldane, Bank of England's Financial Stability Director, figures the financial crisis brought on by irresponsible bankers and regulators has cost the world economy about $4 trillion so far.
So while the bailout itself is gradually being repaid (don't hold your breath until AIG and GM repay, by the way), the cost of the failures that made the bailout necessary totals vast multiples of that.
Needless to say, the danger of an even bigger cost in coming years continues to grow because we still don't have a new law to prevent what happened from happening again. In fact, now that they know for sure they'll be bailed out, Wall Street banks - and those who lend to them or invest in them - have every incentive to take even bigger risks. In effect, taxpayers are implicitly subsidizing them to do so. (Haldane figures the value of that implicit subsidy to be about $60 billion a year for each big bank.)
Congress and the White House tell us not to worry because financial reform legislation will contain what's called a "resolution" mechanism allowing regulators to wind down any big bank that gets into trouble. (Think bankruptcy with more safeguards against runs by bank by creditors wanting to get their money out right away.) By virtue of this resolution authority, they say, future bank creditors will have to price in the possibility of the bank being allowed to fail. Hence, the implicit subsidy for risk-taking will disappear. At least that's the theory.
But the theory isn't likely to work in practice. Do you really believe bank regulators will use the resolution authority -- especially if two or more giant banks are endangered at the same time? Multiple threats are almost certain because each big bank races to copy any gambling technique that pays off big for any other. The reality is, they'll get bailed out.
Even if the resolution authority were combined with an array of new regulations designed to cover all the "shadow banking" operations of the giant banks -- requiring that they put up more capital and thereby limit their leverage - there's no way such regulations can succeed. The giant banks already hire fleets of lawyers, accountants, and financial entrepreneurs to find loopholes in every existing regulation.
Finally, consider the political power of the big Wall Street banks. They and their executives and employees are now among the biggest contributors to both parties. Wall Street lobbyists are crawling over Capitol Hill. The banks and their lobbyists will ensure that regulatory loopholes are built into regulations from the start. Remember: They dismembered Glass-Steagall (with the help of their friends in the Fed, on the Hill, and in the Clinton White House), and fought off derivative regulation (ditto).
As long as the big banks are allowed to remain big, their political leverage over Washington will remain big. And as long as their political leverage remains big, the taxpayer and economic tab for the next mess they create will be big.
By all means, give regulators resolution authority and also impose the tightest regulations possible. But Congress and the White House shouldn't stop there. Limits should be placed on how big big banks can become.
How big? No one has been able to show significiant efficiencies over $100 billion in assets. Make that the outside limit.
To be sure, smaller banks might still be subject to runs. That's why the Federal Deposit Insurance Corporation was created in the 1930s - to ensure depositors in the event a bank gets into trouble, so they won't have to run to protect their savings. And why the Glass-Steagall Act was passed - to separate commercial banking (where depositors put their money) from investment banking (where betting is done). We could expand insurance to certain categories of bank creditor, and we should resurrect Glass-Stagall.
But the only way to make sure no bank it too big to fail is to make sure no bank is too big. If Congress and the White House fail to do this, you have every reason to believe it's because Wall Street has paid them not to.

















Banks, like empires, will never be too big to fail.
All of them have failed.
The propaganda trick of trying to morph the meaning of the word "fail" out of the picture, by injecting "bail out" where "fail" has been used before, does not change the fact they already failed.
Plainly, the actual doctrine in question then is "too big not to bail out".
April 7, 2010 10:00 AM | Reply | Permalink
Even if every dollar invested in the bailouts generated some modest profit, the banks would still have to account for the opportunity costs. We might have spent that money in myriad better ways or not spent it at all. Break 'em up.
April 7, 2010 10:13 AM | Reply | Permalink
Cspan last night carried Simon Johnson speaking to a group about his new *13 Bankers* book. He mirrored your sentiments, and spoke at length about the ratio of debt to GDP over the last decades, and pointed out that the current ratio is so high it's frightening; above 60? I forget. But then he introduced *too big to save* as another whole problem.
Thanks to you, and Simon and others, for continuing to put paid to the lie that is 'profit on the bailout.' What utter nonsense; the people who've lost their jobs and houses need to grasp why they did.
Break 'em up, yeah, but also firewall between investment banks and commercial banks; unwind CFMA in principle, at least.
April 7, 2010 10:24 AM | Reply | Permalink
The people lost their homes because they borrowed more than they could afford to pay back, on the hope that they could resell at a profit. The banks are an easy target, but the individual borrowers are really to blame.
April 7, 2010 11:24 AM | Reply | Permalink
I hope no one reading your comment bought his home which at the time he could afford to pay for and then lost his job - and subsequently his home.
April 7, 2010 12:52 PM | Reply | Permalink
Also hope that someone reading your comment didn't get suckered into an ARM when they qualified for a fixed-rate mortgage, were suckered into investing in a CDO that was being shorted by the same bank that was offering it, have a 401K that was invested as above, belong to a municipality now bankrupt because of the above, etc. etc. Guess they all should be to blame, too.
April 7, 2010 1:17 PM | Reply | Permalink
O rlived in a neighborhood that had been deemed 'risky' thus earning the borrower a sub-prime mortgage, even though the borrower had an excellent credit rating and adequate income.
;-(
April 7, 2010 2:32 PM | Reply | Permalink
davis and Snead's comments were corroborated a few years ago by a former loan officer from Wells Fargo when she testified before a congressional committee.
Falsification of documents (like W2Forms) and misinformation, or wrong information about the potential borrower to a higher-up in the bank resulting in denial of a prime mortgage (but an OK for a sub-prime) were common practices.
(The whistle-blower herself earned $700,000 during one year of employment which would seem to indicate that selling sub-primes was very profitable.)
April 7, 2010 4:35 PM | Reply | Permalink
except of course the borrowers who have lost their homes and destroyed their credit have suffered consequences for taking ill-advised risks. while the bankers who took ill-advised risks by underwriting those mortgages (and providing the ill advice to the borrowers) haven't really reaped what they have sown.
what's more, the vast majority of people who have lost their homes in this great recession aren't the housing market gamblers who were complicit in causing the recession. they are the people who have lost the income to afford the payments and don't have the ability to sell because the values of their homes have fallen below what they owe on them. most of the people who have lost their homes aren't the gamblers, they are the victims of the gamblers.
April 8, 2010 1:11 AM | Reply | Permalink
The biggest bank that needs to be broken up and shut down is the FEDERAL RESERVE! This bunch of thieves and crooks has been feeding like parasites off the hard work of Americans for over 100 years.
The best way to break these banks up, folks, is to put your money in local banks.
April 7, 2010 10:40 AM | Reply | Permalink
Best idea I've heard yet.
Place your money in local credit unions or small local banks and stop supporting those banks which are "to big for their own (and our) good".
Also, stop paying those hugh interest charges levied on credit card debt by getting them paid off and by paying them off every month.
Reject the idea that you just must buy anything before you can pay for it. Start thinking how much of your income you are paying in interest charges and what you could be doing if you had that income available to spend on yourself.
Smarten up, America.
.
April 8, 2010 9:55 AM | Reply | Permalink
a superficial analysis from you as usual. You point to the cost to the economy of the collapse, but ignore the gain to the economy produced by these large banks over the years. And the banks didn't make people buy overvalued homes, they did that on their own. Had banks refused to make loans the gov't would have been all over them demanding that they lend money. Now that money was lent to a bunch of deadbeats you want to blame only the bank. Why not blame the borrowers who refuse to pay back what they agreed to?
April 7, 2010 11:28 AM | Reply | Permalink
Hey CBD, the banks issued the loans based on the value of the homes, right? If I go to the bank and say "Loan me $500,000 for the home. I'll put in $50,000 and the home will be collateral for the rest," and the bank accepts then the bank is agreeing that the home is indeed worth at least $450,000 -- the amount of its own capital the bank put at risk.
The bank has expert assessors on its staff. Shouldn't the bank know if it's making a loan collateralized by an asset with a bad valuation?
In my example, at least, the homebuyer is the one going to the bank for the money so there's a one-way street of culpability. But in real life it was more complex. The bank was going out to people (who were out there looking, natch) and saying, "I'm going to loan you this money, you should take it." So wasn't the bank tacitly endorsing the inflated value?
April 7, 2010 1:26 PM | Reply | Permalink
One could argue that the inflated value WAS the real value, at that time. There are many factors that combined together to create a disaster. My point is that the banks by themselves are not totally to blame, and that the individuals, often cast as victims, are not totally blameless. I know people who borrowed against the inflated values of their homes, and now are defaulting on those loans even though they could pay them back, because they just don't want to pay them back. I know people who walked away from mortgages they could pay because they were now underwater and didn't think they should absorb the loss. This happened on a grand scale.
April 7, 2010 4:50 PM | Reply | Permalink
One could argue that the inflated value WAS the real value, at that time.
And those who invested based on those real values "at that time" -- banks, insurance companies, hedge funds, pension funds -- should be required to take the loss when times change -- agree?
But TBTF meant that the PTB bailed them out. Do you approve?
April 7, 2010 5:13 PM | Reply | Permalink
Just as a curiosity as you rise so indignantly over homeowners bailing out on their now upside/down investment:
Just how many investors on Wall Street - including the banks themselves, and hedge fund managers, etc. - would hold their ownings in a corporation that was upside/down; that owed more money to creditors than it held on assets or potential value?
Never mind. I can answer that question. How many? Exactly ZERO! They would of course withdraw/withhold their monies, thus forcing the enterprise into bankruptcy, letting the creditors get what they might from the carcass left behind.
Save your indignation for another day.
Meanwhile, the banks should be compelled to mark-to-market these mortgages, and then renegotiate with the "upside down" mortgage holders a compromise reevaluation of principle that reflects today's market realities. There is no defensible reason why they shouldn't BOTH take a haircut. I would otherwide suggest that the mortgage holder is no more "morally reprehensible" for wholly dumping his load on the banker in a foreclosure than is the banker for seeking to enforce a contract based upon a wrong assumption of value of the asset; an assumption that was agreed upon by both parties at the outset.
April 7, 2010 5:38 PM | Reply | Permalink
So if I invest in a home and the value goes down, the bank needs to bail me out and reduce what I owe to reflect the new value. But if it goes up in value, I get to keep all the profit. And you think this will encourage responsible borrowing? The 'no risk mortgage'?
April 8, 2010 7:45 AM | Reply | Permalink
It's all a matter of perspective. The banker entered into a contract that says "Make your payments, or I will seize your property." Pretty simple stuff, that. Where, in any of that, is there an obligation for a mortgage holder to do any more than (a.) make his payments, or (b.) surrender the property to the lienholder?
I think "shared risk mortgage" is more in line with what I was talking about. The bank made the same assumption as the homebuyer in entering into the mortgage contract. Neither party anticipated that the asset (the housing property) would decline in value. They should each take a haircut.
Let's say a homeowner owes $220k on his mortgage for a house that was originally appraised at $250k. The house is now valued (fair market) at $190k.
If the bank forecloses, it gains an asset that they can re-sell (at considerable expense and risk) for $190k.
It makes incredible sense for the bank to instead work out a deal with the present homeowner that rearranges the principal amount owed to, say, $200k at today's fixed rate.
April 8, 2010 8:28 AM | Reply | Permalink
It's called a "put," the CleverBulldog -- the right of the borrower to put the security back to the lender and extinguish the debt.*
The borrowers paid for that put in higher interest rates and fees, and now have the legal (and moral) right to execute on it.
* Apropos non-recourse loans, only; but due to the expenses lenders incur in executing on recourse loans those loans may be, as a matter of practicality, puttable as well.
April 8, 2010 12:26 PM | Reply | Permalink
Thanks, Ellen! I am no economist by a long shot, and so do not know the nomenclature. But the fact that a pedestrian can understand the simple logic of this whilst the bankers fight against it says about all you need to know about who are the ones with the questionable "morals" here, eh?
Another question: How do we ever recover from the housing bubble if we fail to recognize the fair market value of these assets the banks are holding on their books?
April 8, 2010 2:08 PM | Reply | Permalink
Debt that can't be repaid won't be repaid.
We've known how to resolve the mortgage foreclosure problem from the outset -- write down the debt such that mortgagors aren't drowning in underwater homes*.
But Obama and Geithner don't want to upset the bondholders who'd wind up taking a haircut, and so the two of them have decided to "extend and pretend."
* Hussman thinks that as a matter of fairness the amount of the debt reduction should be converted into "property appreciation rights." I don't think he's distinguishing between recourse and non-recourse loans, and I think he should.
April 8, 2010 5:38 PM | Reply | Permalink
and my cousin's girlfriend's step-uncle knows a guy who heard about a guy who did this so obviously everyone whose been foreclosed on is a villain, not a victim.
thanks for the anecdotes. which is to say, thanks for nothing.
April 8, 2010 1:16 AM | Reply | Permalink
You mean the plural of anecdote isn't data?
I'm shocked!
April 8, 2010 12:13 PM | Reply | Permalink
The choice is between robust regulation and effective anti-trust policy. Effective anti-trust is better by far, and more conservative in nature. But, conservatives will never get behind either choice, because corporate America leads our nation's conservatives around by the balls. (And Robert, as you point out in your closing comment, it has a pretty good grip on the rest of us, too.)
We are a nation without any rational conservative leadership.
April 7, 2010 12:58 PM | Reply | Permalink
Dr. Reich - You once wrote, "Separate capitalism from democracy and guard the border between them." It's become a repeating mantra in my head, particularly when I read an article like you posted today.
Then there's Milton F. who once declared that corporations had no business engaging in socially beneficial acts since they have no social responsibility. Their only responsibility is to make as much profit as possible. It would seem that the financial community has taken his advice to heart - in spades.
April 7, 2010 1:01 PM | Reply | Permalink
This must be what Greenspan means when he testifies it's "impossible" to stop another meltdown. Not that banks can't be reined in - but that they won't be. This country is being sapped and broken by the greed of our elites, and no one will do a damn thing about it.
April 7, 2010 1:48 PM | Reply | Permalink
Simon Johnson admitted that Obama *could* push regualtory reform, but won't. That there needs to be public and Beltway consensus about the issue to drive it, although Teddy Roosevelt pushed anti-trust on his own, because he could see the writng on the wall without it. And FDR had to push Hard. Obama is shoulder-to-shoulder with the Chicago Eonomic Kids now; it is mega-disappointing.
I can't see hordes of people waking up this week and demanding true reform. The omni-present teevee ads from the Chamber of Commerce have framed the issue, even though they make no sense at all.
What Obama is pushing is CFPA, but isn't working hard even on that.
April 7, 2010 2:38 PM | Reply | Permalink
Obama is shoulder-to-shoulder with the Chicago Eonomic Kids now; it is mega-disappointing.
I can't see hordes of people waking up this week and demanding true reform. The omni-present teevee ads from the Chamber of Commerce have framed the issue, even though they make no sense at all.
What Obama is pushing is CFPA, but isn't working hard even on that.
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February 14, 2011 11:49 AM | Reply | Permalink
it is mega-disappointing.
I can't see hordes of people waking up this week and demanding true reform. The omni-present teevee ads from the Chamber of Commerce have framed the issue, even though they make no sense at all.
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February 18, 2011 12:18 PM | Reply | Permalink
The banks are an easy target, but the individual borrowers are really to blame.
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law to prevent what happened from happening again. In fact, now that they know for sure they'll be bailed out, Wall Street banks - and those who lend to them or invest in them - have every incentive to take even bigger risks. In effect, taxpayers are implicitly subsidizing them to do so. (Haldane figures the value of that implicit subsidy to be about $60 billion a year for each big bank.)
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March 22, 2011 8:01 AM | Reply | Permalink
The choice is between robust regulation and effective anti-trust policy.
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