Local Governments on Rampage Against Banks’ Manipulation of Credit Markets

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“When both government and the citizens start acting together, things are likely to change in a big way. There appears to be a unity of interests — the investors who thought they were buying bonds from a REMIC pool, the homeowners who thought they were buying a properly verified and underwritten loan from a pretender lender, and the local governments who were tricked into believing that their loans were viable and trustworthy based upon the gold standard of rate indexes. In many cases, the only reason for the municipal loan, was the illusion of growing demographics requiring greater infrastructure, instead of repairing the existing the infrastructure. As a result, the cities ended up with loans on unneeded products just like homeowners ended up with loans on houses that were always worth far less than the appraisal used.” — Neil F Garfield, www.livinglies.me

Editors Note: Hundreds of government agencies and local governments are on the rampage realizing that they were duped by Wall Street into buying into defective loan products. This puts them in the same class as homeowners who bought such loan products, investors who believed they were buying Mortgage Bonds to fund the loans, and dozens of other institutions who relied upon the lies told by the banks who were having a merry old time creating “trading profits” that were the direct result of stealing money and homes, and misleading the financial world on the status of the interest rates in the financial world. All loans tied to Libor (London Interbank Offered Rate), which was the gold standard,  are now in question as to whether the reset on those loans was true, correct or simply faked.

The repercussions of this will grow as the realization hits the victims of this gigantic fraud broadens into a general inquiry about most of the major practices in use — especially those in which claims of securitization were offered. It is now obvious that the deal proposed to pension funds and other investors was simply ignored by the banks who used the money to create faked trading profits, removing from the pool of investments money intended for funding loans that were properly originated and dutifully underwritten.

Cities, Counties, Homeowners and Investors are all victims of being tricked into loans that were simply unsustainable and were being manipulated to the advantage of the banks they trusted to act responsibly and who instead acted reprehensibly.

The ramifications for the mortgage and foreclosure markets could not be larger. If the banks were lying about the basics of the rate and the terms then what else did they do? As the Governor or of the Bank of England said, the business model of the banks appears to have been “lie More” rather than living up to the trust reposed in them by those who dealt with them as “customers.” Specifically, the evidence suggests that while the funding of the loan and the closing documents were coincidentally related in time, they specifically excluded any reference to each other, which means that the financial transaction as it actually occurred is undocumented and the document trail refers to financial transactions that did not involve money exchanging hands.

The natural conclusion created by the coincidence of the funding and the documents was to conclude that the two were related. But the actual instructions and wire transfers tell another story. This debunks the myth of securitization and more particularly the mortgage lien. How can the mortgage apply to a transaction described in the note that never took place and where the terms of the loan were different than what was expected by the creditors (investors, like pension and other managed funds) in the mortgage bond. The parties are different too. The wires funding the transaction are devoid of any reference to the supposed lender in the closing documents presented to borrowers. Thus you have different parties and different terms — one in the money trail, which was undocumented, and the other in the document trail which refers to transactions in which no money exchanged hands.

When the municipalities like Baltimore start digging they are going to find that manipulation of Libor was only one of several issues about which the Banks lied.

Rate Scandal Stirs Scramble for Damages

BY NATHANIEL POPPER

As unemployment climbed and tax revenue fell, the city of Baltimore laid off employees and cut services in the midst of the financial crisis. Its leaders now say the city’s troubles were aggravated by bankers’ manipulation of a key interest rate linked to hundreds of millions of dollars the city had borrowed.

Baltimore has been leading a battle in Manhattan federal court against the banks that determine the interest rate, the London interbank offered rate, or Libor, which serves as a benchmark for global borrowing and stands at the center of the latest banking scandal. Now cities, states and municipal agencies nationwide, including Massachusetts, Nassau County on Long Island, and California’s public pension system, are looking at whether they suffered similar losses and are weighing legal action.

Dozens of lawsuits filed by municipalities, pension funds and hedge funds have been consolidated into a few related cases against more than a dozen banks that are involved in setting Libor each day, including Bank of America, JPMorgan Chase, Deutsche Bank and Barclays. Last month, Barclays admitted to regulators that it tried to manipulate Libor before and during the financial crisis in 2008, and paid $450 million to settle the charges. It said other banks were doing the same, but none of them have been accused of wrongdoing. Libor, a measure of how much banks must pay to borrow money from one another in the short term, is set through a daily poll of the banks.

The rate influences what consumers, businesses and investors pay on a wide range of financial contracts, as varied as mortgages and interest rate swaps. Barclays has said it and other banks understated the rate during the financial crisis to make themselves look healthier to the public, rather than to make more money from clients. As regulators and lawmakers in Washington and Europe assess the depth of the Libor abuse and the failure to address it, economists and analysts are already predicting it could be one of the most expensive scandals to hit Wall Street since the financial crisis.

Governments and other investors may face many hurdles in proving damages. But Darrell Duffie, a professor of finance at Stanford, said he expected that their lawsuits alone could lead to the banks’ paying out tens of billions of dollars, echoing numbers from a recent report by analysts at Nomura Equity Research.

American municipalities have been among the first to claim losses from the supposed rate-rigging, because many of them borrow money through investment vehicles that directly derive their value from Libor. Peter Shapiro, who advises Baltimore and other cities on their use of these investments, said that “about 75 percent of major cities have contracts linked to this.”

If the banks submitted artificially low Libor rates during the financial crisis in 2008, as Barclays has admitted, it would have led cities and states to receive smaller payments from financial contracts they had entered with their banks, Mr. Shapiro said.

“Unambiguously, state and local government agencies lost money because of the manipulation of Libor,” said Mr. Shapiro, who is managing director of the Swap Financial Group and is not involved in any of the lawsuits. “The number is likely to be very, very big.”

The banks have declined to comment on the lawsuits, but their lawyers have asked for the cases to be dismissed in court filings, pointing to the many unusual factors that influenced Libor during the crisis.

The efforts to calculate potential losses are complicated by the fact that Libor is used to determine the cost of thousands of financial products around the globe each day. If Libor was artificially pushed down on a particular day, it would help people involved in some types of contracts and hurt people involved in others.

Securities lawyers say the lawsuits will not be easy to win because the investors will first have to prove that the banks successfully pushed down Libor for an extended period during the crisis, and then will have to demonstrate that it was down on the day when the bank calculated particular payments. In addition, investors may have to prove that the specific bank from which they were receiving their payment was involved in the manipulation. Before it even reaches the point of proving such subtleties, however, the banks could be compelled to settle the cases.

One of the major complaints was filed by several traders and hedge funds that entered into futures contracts that are traded through the Chicago Mercantile Exchange and that pay out based on Libor. These contracts were a popular way to protect against spikes in interest rates, but they would not have paid off as expected if Libor had been artificially lowered.

A 2010 study cited in the suit — conducted by professors at the University of California, Los Angeles and the University of Minnesota — indicated that Libor was significantly lower than it should have been throughout 2008 and was particularly skewed around the bankruptcy of Lehman Brothers.

A separate complaint filed in 2010 by the investment firm Charles Schwab asserts that some of its mutual funds, including popular ones like the Schwab Total Bond Market Fund, lost money on similar investments.

The complaints being voiced by municipalities are mostly related to their use of a popular financial contract known as an interest rate swap. States and cities generally enter into these swaps with specific banks so that they can borrow money in the bond market. They pay bondholders based on a floating interest rate — like an adjustable-rate mortgage — but end up paying their bankers a fixed rate through a swap. If Libor is artificially lowered, the municipality is stuck paying the same fixed rate, but it receives a smaller variable payment from its bank.

Even before the current controversy, some municipal activists have said that banks took advantage of the financial inexperience of municipal officials to sell them billions of dollars of interest rate swaps. Experts in municipal finance say that because of the particular way that cities and states borrow money, they are especially liable to lose out on their swaps if Libor drops.

Mr. Shapiro, who helps cities, states and companies negotiate these contracts, said that if a city had interest rate swaps on bonds worth $1 billion and Libor was artificially pushed down by 0.30 percent, which is what the lawsuits contend, that city would have lost $3 million a year. The lawsuit claims the manipulation occurred over three years. Barclays’ settlement with regulators did not specify how much the banks’ actions may have moved Libor.

In Nassau County, the comptroller, George Maragos, said in a statement that according to his own calculations, Libor manipulation may have cost the county $13 million on swaps related to $600 million of outstanding bonds.

A Massachusetts state official who spoke on the condition of anonymity because of potential future legal actions, said the state was calculating its potential losses.

“We are deeply concerned and we are carefully analyzing all of our options,” the official said.

Anne Simpson, a portfolio manager at the California Public Employees’ Retirement System — the nation’s largest pension fund — said that the fund’s officials “are sifting through the impact, but there certainly is an impact.”

In Baltimore, the city had Libor-based interest rate swaps on about $550 million of bonds, according to the city’s financial report from 2008, the central year discussed in the lawsuit. The city’s lawyers have declined to specify what they think Baltimore’s losses were.

The city solicitor, George Nilson, said that the rate manipulation claims meant that the city lost out on money when it needed it the most.

“The injury we suffered during the time we suffered it hurt more because we were challenged budgetarily,” Mr. Nilson said. “Every dollar we lost due to illegal conduct was a dollar we couldn’t pay to keep open recreation centers or to pay police officers.”


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Simon Johnson on Business Model of Lie More

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Editor’s Comment:  

Anyone who is curious why I named this blog LivingLies will have all their questions answered by this well-articulated article by Simon Johnson, Chief economist of the World Bank, author of 13 Bankers, and the main writer for http://www.baseline scenario.com. Johnson is first among the world of economists who instantly knew the severity of the culture of lying and deception at the TBTF banks. He is joined in these views by the Financial Times, normally rabidly pro-bank and no less than the Governor of the Bank of England who apparently coined the phrase “Lie More” to replace what was the only index that mattered in the world of finance and bond trading.

The consequences of this culture of lying will be laid bare in the weeks and months and years to come. But as Johnson points out, the days are over when anyone trusts a bank or bank statement. Representations of bank officials once considered as good as gold or what used to be called good as Libor, are now going to be subject of scrutiny and will no doubt reveal a pattern of deceit even deeper than thes we already know about the mortgage meltdown and the trading scam resulting from intentionally manipulating Libor — the gold standard of all indexes.

Lie-More As A Business Model

By Simon Johnson

On Monday, Bob Diamond – the CEO of Barclays, one of the largest banks in the world – was supposedly the indispensable man, with his supporters claiming he was the only person who could see that global megabank through a growing scandal.  On Tuesday morning Mr. Diamond resigned and the stock market barely blinked – in fact, Barclays’ stock was up 0.3 percent.  As Charles de Gaulle supposedly remarked, “the cemeteries are full of indispensable men.”

Mr. Diamond’s fall was spectacular and complete.  It was also entirely appropriate.

Dennis Kelleher of Better Markets – a financial reform advocacy group – summarized the situation nicely in an interview with the BBC World Service on Tuesday.  The controversy that brought down Mr. Diamond had to do with deliberate and now acknowledged deception by Barclays’ staff with regard to the data they reported for Libor – the London Interbank Offered Rate (with the abbreviation pronounced Lie-Bore).  Mr. Kelleher was blunt: the issue in question is “Lie More” not Libor.  (See also this post on his blog, making the point that this impacts credit transactions with a face value of at least $800 trillion.)

Mr. Kelleher’s words may seem harsh, but they are exactly in line with the recently articulated editorial position of the Financial Times (FT) – not a publication that is generally hostile to the banking sector.  In a scathing editorial last weekend (“Shaming the banks into better ways,” June 28th), the typically nuanced FT editorial writers blasted behavior at Barclays and nailed the broader issue in what it called “a long-running confidence trick”:

“The Barclays affair may lack the spice of some recent banking scandals, involving as it does the rather dry “crime” of misreporting interest rates.  But few have shone such an unsparing light on the rotten heart of the financial system.”

The editorial was exactly right with regard to the cultural problem – within that Barclays it had become acceptable or perhaps even encouraged to provide false information.  It underemphasized, however, the importance of incentives in creating that culture.  The employees of Barclays were doing what they were paid to do – and the latest indications from the company are that none of their bonuses will now be “clawed back”.

Martin Wolf, senior economics columnist at the FT and formerly a member of the UK’s Independent Banking Commission, sees to the core issue:

“banks, as presently constituted and managed, cannot be trusted to perform any publicly important function, against the perceived interests of their staff. Today’s banks represent the incarnation of profit-seeking behaviour taken to its logical limits, in which the only question asked by senior staff is not what is their duty or their responsibility, but what can they get away with.”

This matters because, “Trust is not an optional extra in banking, it is, as the salience of the word “credit” to this industry implies, of the essence.”

As the FT editorial put it, “The bankers involved have betrayed an important public trust – that of keeping an accurate public record of the key market rates that are used to value contracts worth trillions of dollars”.

In the words of Mervyn King, governor of the Bank of England, “the idea that my word is my Libor is dead.”  Translation: No one will believe large banks again when their executives claim they could have borrowed at a particular interest rate – we will need to see actual transaction data, i.e., what they actually paid.  Presumably there should be similar skepticism about other claims made by global megabanks, including whenever they plead that this or that financial reform – limiting their ability to take excessive risk and impose inordinate costs on society – will bring the economy to its knees.  It is all special pleading of one or another, mostly intended to rip off customers or taxpayers or, ideally perhaps, both.

Mr. Kelleher has the economics exactly right.  Global megabanks have an incentive to deceive customers, including both individuals and nonfinancial corporations.  Their size confers both market power and the political power needed to conceal the extent to which they are engage in economic fraud.  The lack of transparency in derivatives markets provides them with an opportunity to cheat, but the abuses are much wider – as the Libor scandal demonstrates.

The rip-off is not just for retail investors; chief financial officers of major corporations who should be up in arms.  Boards of directors and shareholders of companies that buy services from big banks should be asking much harder questions about all kinds of derivatives transactions – and who exactly is served by the terms of such agreements.

As Mr. Kelleher puts it on his blog,

“They like to call themselves “banks,” but they aren’t banks in any traditional sense. They are global behemoths that are not just too-big-to-fail, but also too-big-to-regulate and too-big-to-manage. Take JP Morgan Chase for example. It has a $2.35 trillion balance sheet, more than 270,000 employees worldwide, thousands of legal entities, 554 subsidiaries and, as proved by the recent trading losses in London, a CEO, CFO and management team that has no idea what is going on in their own bank.”

“Let’s hope for the sake of the global financial system, the global economy and taxpayers worldwide that Mr. Diamond’s resignation is the first of many. What is needed is a clean sweep of the executive offices of these too-big-to-fail banks, which are still being governed by the same business model as before the crisis: do whatever they can get away with to get the biggest paychecks as possible. (Remember, CEO Diamond paid himself 20 million pounds last year and was the UK banking leader insisting that everyone stop picking on the banks.)

Lie-more is just the latest example of why that all has to change and the sooner the better”


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Virtual Finance: Turning Things Right Side Up

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Editor’s Comment:  

The article below by Lisa Pollack in the Financial Times shows an amazing understanding of securitization, derivatives and the actual path of money.  It also introduces a new term–“credit support annex (CSA).  CSAs were discussed in this blog back in 2007 and 2008 which merely made the already incomprehensible financial structure even less understandable.  But they are important because that is where actual assets, actual money and actual financial transactions are taking place. 

The article below deserves several readings.  Those that master it will understand completely the untenable position of the United States’ financial condition.  The governments of each country are constantly engaged in trading and creating derivatives, insurance, credit default swaps and other credit enhancements as they hedge all perceived risks.  The problem is that the dealer keeps on dealing whereas the original transaction remains unchanged.  In our case the US government used taxpayer dollars and private companies used shareholder dollars to pay off the original transaction—the loan from the investor lenders to the homeowner borrowers. 

The reason for the stream of fake securitization documents was to enable the dealers to keep on dealing, which they did.  In some cases they leveraged the same loan or group of loans as many as 42 times that has been documented.  Since most of these deals are undocumented we can comfortably assume that the actual figure is a multiple of 42 times given the current state of credibility of the 18 banks that dominated the mortgage securitization market. 

With each deal, the margins kept spreading in virtual dollars, while the real money remained unchanged.  When the real money was repaid to the creditor or the creditors agents (the dealers) the trunk of the tree disappeared.  The acceptance of payment by a creditor from any obligor or co-obligor extinguishes the debt.  This is black letter law in all 50 states and all federal decisions as well.  But the dealer keeps on dealing as though the trunk of the tree was still there.  In a 2-dimensional sense the dealers are drawing out branches and sub-branches of various “trades” based upon a nonexistent base (the original loan). 

The reason the banks are so scared of discovery in litigation and why they settle any case in which a judge enters an order for them to open their books is that it would be obvious to a first year accounting student that there is no substance to the subsequent trades of the dealers and no substance to their current trades since the base transaction was no longer present. 

The moment all was paid by the creditor, directly or indirectly through the investors creditors agents trading should have stopped.  Any future trades after that point were pure fraud since they pretended that the loan still existed.  All prior trades should have been required to settle immediately.  Thus eliminating the appearance of branches on a tree with an invisible trunk. 

Had the bankers been operating honestly (perhaps an oxymoron) the ground would have been clear, the paperwork exchanged, and the accounting complete, leaving some dealers “in the money” and some dealers “out of the money”.  If they were dealing honestly the amount of money “in the money” would have been equal to the amount of money “out of the money”.  The result would have been no loss, no federal bailout, no mortgages, no liens, no foreclosures, no notes, and no obligations on the original transaction. 

What arises is the possibility of a case in which a party has paid money to satisfy the creditor, directly or indirectly (through the investor creditors agents) against the homeowner for money that they actually lost.  But unless they actually purchased the loan which they did not (according to any of the paperwork I have seen or heard reported), there could be no foreclosure on any part of the debt.  In fact, while the debt or obligation might continue to exist under the law, the absence of an actual creditor seeking payment might result in the homeowner receiving a windfall.  This windfall is but a small percentage of the windfall made by the dealers who kept on dealing and were bailed out in an amount far exceeding the total of all money loaned during this 10 year period.   Thus the dealers used investor lender money to fund 13 trillion dollars in loans, experiencing no more than 2.5 trillion in defaults, while claiming and receiving no less than 16.6 trillion dollars from the federal government plus settlements on insurance, credit default swaps and credit enhancements. 

Somehow the windfall of the bankers has been made to appear more politically acceptable than the windfall to homeowners whose tax dollars paid for the windfall received by the dealers.  What a country!!

The reason for the opportunity of a windfall to homeowners is that the dealers created a false chain of documents to enable them to achieve windfalls.  The only way they could prevent homeowners from sharing in that windfall of multiple payments on the same debt was through the process of foreclosure.  In foreclosure, the debt was made to appear as properly documented and owned by the investor lenders.  In fact, the debt was made to appear as though it still existed when in fact it did not exist at all.  Most judges, attorneys, and homeowners, cannot conceive of a scenario in which the mere application of law would provide an opportunity to homeowners to share in the windfalls of dealers who continued to make deals with the full intent of depriving both the investor lenders and the homeowner borrowers of any right to participate in this windfall.  The rubber stamped order of the usual foreclosure judge seals one more deal.  It pitches the bad loan over the fence and forces an investor to accept the bad loan even though he was expressly assured of receiving good loans that were properly underwritten.  These judges do not realize that they are underwriting a windfall to the dealers of virtual money while the participants in the real money transaction both got screwed. 

The Bank of England gets economical with its derivatives

by Lisa Pollack

Isn’t it annoying when particular clients insist on being treated differently to everyone else? Like, just because your client is well, England, or Italy, or some other sovereign nation, doesn’t make them ‘special’. It’s also kind of annoying when they make regulations that make business tougher for banks and then still expect to be treated differently.

Interestingly though, the Bank of England just stopped asking for one such special exception when it comes to certain derivatives that it enters into on behalf of the nation in order to best manage its balance sheet and the Treasury’s foreign exchange reserves.

With any such derivatives contract, it’s a zero sum game. When marking the transactions to market, if one party is up £1m (“in-the-money”), that means the other party is down £1m (“out-of-the-money”).

In the normal course of things, the out-of-the-money counterparty would post collateral with the in-the-money-counterparty. This keeps everyone happy because it guarantees performance under the contract. The exact rules around posting collateralare determined by an agreement between them called a “credit support annex” (CSA). The majority of CSAs are “two-way”, meaning that both parties have to post collateral as and when they are out-of-the-money.

But, sovereigns never really went for that. Instead, they have “one-way” CSAs. They expect their counterparties to post collateral with them, but they don’t expect to have to post collateral themselves. Banks were, more-or-less, willing to put up with this when counterparty risk was less of a concern and things were going a lot better for them generally. Before, say, the latest wave of regulation that takes an especially dim view of uncollateralised exposures.

Regulations aside though, there has always been something of a funding problem with trades like these (with sovereigns) since banks tend to hedge their trades.

In the above, we show that the Bank of England has entered into a swap with a dealer, e.g. an interest rate swap to hedge rates exposure. The dealer does another trade, or series of trades, with the dealer on the far left of the diagram to hedge the swap with the Bank of England.

Some time later, the dealer is in-the-money on the trade with the Bank of England, and out-of-the-money on the trade with the other dealer. This puts the dealer in a really uncomfortable position — collateral has to be posted with the other dealer, but the Bank of England doesn’t post any collateral.

The news release from the Bank of England on Thursday indicates that it will start to post such collateral in the future.

Up until now, the only other examples of sovereign nations we know of that do something similar are Ireland and Portugal.

So why did the central bank decide on this change?

It seems they primarily did it to get better pricing on the derivatives contracts. It’s quite simple — the costs to the banks of putting the swaps together for sovereigns rose. It’s more expensive for banks to fund themselves, i.e. to get that collateral to post to their counterparties. It’s also more expensive to have uncollateralised exposure in terms of regulatory capital. The banks have been passing on these costs to their sovereign clients.

The Bank of England therefore concluded that it was cheaper to start posting collateral, as it should make the prices they are offered come down.

In Risk’s coverage of the announcement, they had this rough estimate of the price differential:

The UK bank’s swaps trader says the funding charge associated with one-way CSAs could add as much as 10 basis points to a longer-dated trade. The head of the sovereign, supranational and agency (SSA) desk at one large European bank says it could reach 20bp.

And well, seeing as the central bank has a lot of bonds sitting in its reserves anyway, hell, why not?

The best part of the Risk article, in FT Alphaville’s opinion, is that they asked Alan Sheppard, the Bank of England’s head of risk management, about what he thought of the likely interpretation that the move is a kind of “back-door state support”. In response:

The BoE’s Sheppard doesn’t see it that way. “That would be a very strange interpretation. There is some value in the funding option implicit in a one-way CSA, but the way the market has developed, the price has gone beyond the value it has for us. What we’re actually doing is stopping paying the banks for an option that we don’t value as highly as it costs them to provide, so we’re giving them less money rather than more,” he says.

In other words: this works for the Bank of England cause they’re thinking it’ll save them money.

Good for them, then… right?

The likely point of contention will be that there are central banks out there that are way more into their derivatives use than the Bank of England is, and they have made no such indication that they will post collateral in the future, despite a lot of lobbying by banks on the matter.

Italy, for example, has a huge swap portfolio. This is a big issue not just because of the funding issue we mentioned above, but also because banks usually hedge their uncollateralised exposure by buying credit default swaps on the sovereign, which causes the spreads to widen further (with all that protection buying pressure), and then can feedback to the price the sovereign pays to fund itself in the bond market.

Or, at least, that’s one of the rallying cries of banks… who may well have a point, unfortunately. Arguably, some not-so-well thought out regulation drives quite a lot of this.

In any case, the last time FT Alphaville took a thorough look at this, we produced this table using data from the European Banking Authority’s 2011 stress test (with end-2010 data, click to expand):

This shows the “direct sovereign exposures in derivatives” measured in fair values (millions). When the number is positive, the bank (listed on the left) is in-the-money and would like to get some collateral from the sovereign (in the columns). As can be seen, Italy is seriously out-of-the-money to the banks and yet the banks are in the painful position of not receiving collateral.

Now look at the UK exposures. There isn’t much, is there?

These figures aren’t current (end-2010) and they don’t include non-European banks. But the general point that we wish to make is this: the Bank of England doesn’t have too much riding on this, the reserves are just sitting there, and it is likely to bring down the cost of transactions. In other words, it might not be as big a deal as it may be made out to be.

Sorry if the lack of drama disappoints you…

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Reuters: Central Banks Worldwide: Past, Present And An Uncertain Future

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EDITOR’S NOTE: The farce of preserving the huge plume of vapor that was created by Wall Street is starting to come home to roost. Central Bankers, are in conflict and politicians are using their influence on what is now a highly politicized sector that SHOULD have been regulating and restricting. The “Too Big to Fail” banks are acting as if they won. Nothing has changed. Perhaps they are right.

The Fed is the ultimate regulator of financial institutions. It is part of the growing orthodoxy that the banks must be saved rather than restricted in their activities. It is a prescription for disaster. It won’t admit its ownership claim in the loans and mortgages, it hasn’t divulged the details of the mortgage bond purchases that would in turn reveal the fictitious nature of the entire securitization scheme that has been and will always be empty, and it has not uttered a word about the behavior of the banks because on a grand scale, it IS the banks.

Central Banks Global Policy

By Paul Carrel, Mark Felsenthal, Pedro da Costa, David Milliken and Alan Wheatley

FRANKFURT/WASHINGTON – On a warm, Lisbon day last May, Jean-Claude Trichet, the ice-cool president of the European Central Bank, was asked whether the bank would consider buying euro zone governments’ bonds in the open market.

“I would say we did not discuss this option,” Trichet told a news conference after a meeting of the ECB’s Governing Council. Four days later, the ECB announced that it would start buying bonds.

Trichet’s U-turn was part of an emergency package with euro zone leaders to stave off a crisis of confidence in the single currency. By reaching for its “nuclear option”, the ECB had also helped rewrite the manual of modern central banking.

That’s happened a lot over the past three years. Since the early days of the financial crisis in 2008, the European Central Bank, the U.S. Federal Reserve and the Bank of England have all been forced to adopt policies that just a few years ago they would have dismissed as preposterous. And the Bank of Japan responded to the Sendai earthquake and tsunami by doubling its own asset-purchase programme, to keep the banking system of the world’s third-largest economy on an even keel.

For a generation, the accepted orthodoxy has been to focus on taming inflation. Financial stability has taken something of a back seat. Now, whether mandated to do so or not, western central banks have bought up sovereign debt to sustain the financial system, printed money by the truckload to stimulate their economies, sacrificed some of their independence to coordinate monetary policy more closely with fiscal decisions, and contemplated new ways of preventing asset bubbles. Some — such as Bank of England Governor Mervyn King — have joined wider political protests at commercial banks that are still behaving as if they are “too big to fail”, and as if being bailed out is just a hazard of business.

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In the measured world of central banking, it amounts to nothing short of a revolution. Otmar Issing, one of the euro’s founding fathers and a career-long monetarist hawk, told Reuters that in buying government bonds the ECB had “crossed the Rubicon”. The question now for the ECB — and for its counterparts in Britain, the United States and elsewhere — is what they’ll find on the other side.

EXTRAORDINARY CIRCUMSTANCES

Don Kohn, a former vice-chairman of the Federal Reserve, realized central banking was changing forever at a routine meeting of his peers in Basel, Switzerland, in March 2008. The shockwaves from the U.S. subprime mortgage meltdown had begun rocking banks around the world and Kohn, a 38-year veteran of the U.S. central bank, listened as one speaker after another described the fast-deteriorating economic conditions.

“It was terrible,” Kohn said. “One of the people at the meeting used the phrase, ‘It’s time to think about the unthinkable’.”
Kohn left the meeting early to return to Washington, but the line stuck in his head. He would use it a few days later to justify his support for a Federal Reserve decision to spend $29 billion to help J.P. Morgan buy investment bank Bear Stearns, which was teetering on the edge of bankruptcy.

That financial meltdown caused a credit crunch that triggered a severe recession and, in countries such as Greece, a sovereign debt crisis. After slashing interest rates practically to zero, central banks desperate to prevent a new global depression had no choice but to expand the volume of credit, rather than its price, by reaching for the money-printing solution known as “Quantitative Easing” (QE). In the eyes of critics, Federal Reserve Chairman Ben Bernanke was living up to his nickname of “Helicopter Ben” — a reference to a speech that he gave in 2002 in which he took a leaf out of the book of the renowned monetarist economist Milton Friedman and argued that the government ultimately had the capacity to quash deflation simply by printing money and dropping it from helicopters.

Until that point, the Fed was a lender of last resort for deposit-taking banks. By invoking obscure legislation from the Great Depression, it also became a backstop for practically any institution whose collapse could threaten the financial system. Kohn and others at the Bear Stearns meeting had just done the unthinkable.

“When the secretary of the (Fed) Board was reading off the proposals … my heart was racing,” Randall Kroszner, a Fed governor at the time, says of the decision.

An academic economist from the conservative, free market-oriented University of Chicago, Kroszner was instinctively against intervention. At the same time, he knew that a decision by the Fed to stay above the fray would trigger financial panic. Before the meeting Kroszner had chatted with Bernanke, another scholar of economic history, about a historic parallel in which financier J.P. Morgan — the person, not the company — opted against stepping in to save the Knickerbocker Trust, precipitating a financial panic in the first decade of the 20th century.

“I couldn’t believe that we were faced with these questions, and I couldn’t believe that I could support them,” Kroszner told Reuters in February. “In these extraordinary circumstances, it was very risky to just say no.”

By the time the $600 billion second round of quantitative easing wraps up in June, the central bank will have spent a staggering $2.3 trillion — more than 15 percent of GDP — buying bonds. It has also created new lending windows to channel funds to financial institutions and investors and expanded its financial safety net for everything from money market mutual funds to asset-backed securities and commercial paper. The Fed argues that its loans have been repaid without any cost to taxpayers, and that the beginning of a recovery in the U.S. economy and the fading of the threat of deflation, which gnawed at Bernanke, justify its bold improvisation.

But some experts, including a number of Fed officials themselves, believe the central bank is paying a big price. Some critics say the Fed’s open-ended provision of next-to-free money is encouraging more reckless risk-taking by banks and speculators. Others say the Fed has exceeded its remit and encroached on the turf of politicians. Some Republicans, in particular, want to curtail the Fed’s powers.

The United States has not been alone. In Britain, the Bank of England has run its own programme of quantitative easing, spending 200 billion pounds (about 14 percent of GDP) mostly on UK government securities, and has introduced a scheme for financial institutions to swap mortgage-backed securities for UK Treasury bills. The ECB took three main steps: adjusting its money market operations to offer unlimited amounts of funds, lowering standards on the collateral it accepts in such operations, and buying bonds. The bond buying, though amounting to 1.5 percent of euro zone GDP, is less radical than the Fed’s because the bank absorbs back the money that its purchases release. But its initiative is still highly controversial.

Issing, the ECB’s chief economist from 1998 to 2006, calls the bond-buying dangerous. But he also concedes that the problems of the past few years have required extreme measures. “It is difficult to justify within the context of the independence of the central bank,” says Issing. “But, on the other hand, the ECB was the only actor who could master the situation. What matters now is that it finalizes this programme and gets out.”

BLOWING UP THE ORTHODOXY

Central banks have historically often been subordinated to governments, but the high inflation and slow growth that followed the oil price shocks of the 1970s ushered in a relatively simple orthodoxy: their goal should be to keep inflation in check. Maintaining a slow and steady pace of price rises became the overriding aim of central bank policy, and independence from political pressures came to be seen as a pre-requisite for achieving this. Starting with New Zealand in 1989, central banks in more than 50 countries adopted explicit, public targets for inflation.

Western governments claimed this was responsible for the Great Moderation, a two-decade period of relatively stable growth in developed economies. It still has many proponents, but the credit crisis has made a mockery of that overriding simplicity, exposing serious flaws in how central banks defined their mission and operated. One flaw: they did little to prevent the build-up of the asset bubbles that triggered the financial crisis, such as the boom in U.S. subprime mortgages. Another: the obsession with inflation blinded them to dangerous trends in banking. After all, what is the point of keeping inflation low if lax lending and feckless financial supervision threaten to tip the economy into the abyss?
“The problem was not that the Fed lacked instructions to avoid a crisis,” says James Hamilton, a professor of economics at the University of California, San Diego and visiting scholar at the central bank on multiple occasions. “The problem was that the Fed lacked the foresight to see the crisis developing.”

Fed Chairman Bernanke doubts central banks can know for sure that an asset bubble has formed until after the event, and feels monetary policy is too blunt a tool to arrest any worrisome developments. At the same time Bernanke, former vice-chairman Kohn and others agree that the central bank might be able to employ broader tools to prevent asset prices from getting too frothy. For example, the Fed regulates margin requirements for buying equities with borrowed funds; it could use these to rein in a galloping stock market.

“The simplicities of extreme inflation targeting — which said if you meet your inflation target and keep inflation stable the rest of the economy would look after itself — have been blown apart,” Sir John Gieve, who was deputy governor at the Bank of England from 2006 to 2009, told Reuters. “The Bank’s objectives have become a lot more complicated. Some people have been quicker to realize this than others. If you talk to the Japanese, they would say they have been doing this for a while.”

ANY ANSWERS?

Could the Fed and its counterparts in Britain and Europe learn from Asian central banks, many of which limit the proportion of deposits that banks can extend as loans? Should they insist that a home buyer make a sizeable deposit when taking out a mortgage — a practice that might have tempered the U.S. housing bubble? Central banks in some emerging economies outside Asia already appear to be adopting such methods – known as ‘macroprudential’ steps – to complement traditional interest rate policy. Turkey has been raising commercial banks’ reserve ratios while simultaneously cutting interest rates, and Brazil signaled this month it would rely more on credit curbs and less on rate increases to fight inflation.

Or should they look closer to home, for example to the central banks of Australia and Canada? Both are inflation-targeters, but they sailed through the global crisis without having to resort to extreme measures. A history of conservative banking regulation in those countries meant they never faced severe credit problems.

“Prior to the crisis a lot more people were of the view that if it’s not broke don’t fix it,” said Dean Croushore, professor of economics at the University of Richmond in Virginia and a former economist at the Philadelphia Federal Reserve. “Policymakers didn’t react, particularly with respect to housing. Maybe being a bit more proactive is a good thing.”
Then again, some Republican lawmakers want the Fed, which has a dual mandate to keep inflation low and maximize employment, to focus exclusively on the first task. They contend that monetary policy is not the right tool to create jobs.
Buying up bonds and bailing out failing firms does indeed blur the boundaries between monetary and fiscal policy. Critically, it also suggests that supposedly autonomous central banks are doing the bidding of politicians.

“Things cannot change in a measured way,” said European Central Bank policy maker Axel Weber earlier this month. He is also head of Germany’s Bundesbank, but last month he stood down as a candidate to succeed Trichet at the ECB. His outspoken opposition to the bank’s bond-buying underlined the rift between the traditional approach to central banking and the political expediency born of the crisis. “There will have to be fundamental change … If institutions are too big to fail, they are too big to exist,” Weber said, echoing comments by King at the Bank of England.

MORE INTRUSIVE

The shift is already happening. “Bond investors are not facing a future change; they are living through a change,” said Gieve, the former Bank of England deputy governor. Inflation remains very important, and I have no doubt my colleagues at the Bank of England take it very seriously … But they are also aware of the need to stabilize the financial system. They need to get the economy on a sustainable growth track.”

Of course the Fed has never operated in a vacuum. Greenspan swiftly cut interest rates after the Black Monday stock market crash in October 1987 and again in September 1998, after the Fed had to organize a $3.5 billion rescue of LTCM, a big hedge fund. But some experts, including Stephen Roach, Morgan Stanley’s non-executive chairman in Asia, have long argued that an explicit financial stability mandate would force the Fed — and other banks — to pay closer attention to looming bubbles and weak links in the system rather than simply mopping the mess up later.

Legislators are giving central banks more powers to keep an eye on financial — as distinct from monetary or economic — trends. Academics have also broadened their reach in that direction, with the Federal Reserve’s prominent Jackson Hole conference last summer featuring a paper arguing that policymakers should pay closer attention to financial variables in their macroeconomic assessments.

That’s exactly the direction things are headed. Since the beginning of this year, ECB boss Trichet has chaired something called the European Systemic Risk Board (ESRB) — a body designed to take a bird’s eye view of Europe’s financial system and flag up emerging problems so the relevant authorities can act. In Britain, the government has decided to disband the Financial Services Authority and give the Bank of England the job of preventing any build-up of risk in the financial system, on top of its monetary policy role. And in the United States, newly enacted legislation gives the Fed a leading role in financial regulation as part of the Financial Stability Oversight Council.

“From a regulatory standpoint, we’ll be more aware and more intrusive in monitoring institutions that are systemically critical,” Dallas Fed President Richard Fisher told Reuters in an interview.

POLITICS, OF COURSE

With those expanded roles comes a greater need for central banks to explain their actions to citizens, markets and politicians alike. Investors will no longer be able to anticipate how policy makers will act just by tracking inflationary trends as they did for a generation before the Great Financial Crisis.

Bernanke made it a priority from the start of his tenure in 2006 to improve communications. He didn’t have to do much to improve upon his oracular and sometimes opaque predecessor, Alan Greenspan, who famously said, “if I turn out to be particularly clear, you’ve probably misunderstood what I’ve said.”

But the crisis exposed the Fed to withering fire. “It’s hard to maintain mystique when there have manifestly been a series of policy errors, not just at the Fed but in many branches of government,” says Maurice Obstfeld, a professor of economics at the University of California at Berkeley.

Even harder, when the big central banks themselves have yet to work out how they will implement their new powers. The new rules in the United States, for instance, give regulators more leeway to wind down global financial institutions deemed too large to fail in case they touch off a catastrophic domino effect as loans are called in. But how that will work in practice remains to be seen.

“At the end of the day it comes down to whether or not the too-big-to-fail resolution mechanisms are robust. There’s still some thinking to be done on that,” David Altig, research director at the Atlanta Fed and a professor at the University of Chicago’s Booth School of Business, said in a telephone interview.

To judge by comments by Weber and King, that’s a big, unanswered, politically charged question. The BoE chief has been vocal in complaining that the concept of “too important to fail” has not been addressed, and that bankers continue to be driven by incentives to load up on risk.

Then there’s the fact that deciding which firm should live and which not is an intensely political process. Look no further than the furor over the U.S. authorities’ decision to bail out insurer AIG and car maker GM, but to let investment bank Lehman Brothers go to the wall months after arranging a rescue of Bear Stearns.

With an expanded awareness of their mandates, wouldn’t central banks be forced to take into account such dilemmas when they are setting interest rates?

“It’s a risk, but one has to be aware of the risk and to avoid it,” says Issing, the former ECB chief economist. “It’s macroeconomic supervision; it’s not micro control of individual banks. But if the European Systemic Risk Board identifies systemic risk, it must be solved with tools of regulation and not by lax monetary policy.”

A FACT OF LIFE

In truth, central banking, by its nature, has always been an intensely political enterprise. To pretend otherwise is naive. War, revolution, depression and calamity have always subjugated central banks to political necessity, and most are still state-owned. Like a country’s highest court, a central bank cannot — no matter how vaunted its independence — be unaware of the political and social mood. The Fed chairman and the U.S. Treasury secretary worked hand in glove during the financial crisis and have the freedom to discuss a range of topics when they meet informally every week.

The political nature of central banking was brought home last month when Weber decided to stand down early. He had judged that he did not have enough political support from the 17 members of the euro zone, and his relationship with German chancellor Angela Merkel was also rocky. He will hand over to Jens Weidmann, Merkel’s economic adviser. Critics of the appointment — and there is no shortage of them in a country that likes its central bankers tough and independent — worry that Weidmann will weaken the Bundesbank’s statutory freedom from political influence.

That misses the point completely, says David Marsh, co-chair of the Official Monetary and Financial Institutions Forum, which brings together central banks, sovereign wealth funds and investors. Marsh says the launch of the euro in 1999 was a political act itself, one that has already led to a much more politicized regime of monetary management.

“The interplay with governments — whatever the statutes say about the supreme independence of the European Central Bank — is a fact of life,” he says. “The mistakes and miscalculations of the last 12 years show how monetary union has to be part of a more united political system in Europe. That is not loss of independence. That is political and economic reality.”

It is against this backdrop that Trichet’s apparent conversion on the road from Lisbon to Brussels last May must be seen.

Niels Thygesen, a member of the committee that prepared the outline of European Economic and Monetary Union in 1988-9, says the euro zone debt crisis forced the ECB to show some flexibility by agreeing to the bond-buying programme. “It is a departure relative to the original vision for the European Central Bank, which was supposed to be a bit isolated from dialogue with the political world,” he says. “On the other hand, I never thought that was quite a tenable situation.”

Thygesen, now a professor at the University of Copenhagen, said he did not particularly like the idea but acknowledged that the ECB might in fact have gained some clout by agreeing to the bond-buying plan. Trichet helped rally euro zone leaders into arranging standby funds and loan guarantees that could be tapped by governments in the currency bloc shut out of credit markets — relieving the ECB of some of the burden of crisis management. “It was part of a bargain and I’m sure Mr Trichet bargained very hard and in a way successfully,” says Thygesen. “The ECB has stood up well and gained substantial respect for its political clout in bringing about actions on the part of governments, which otherwise might not have taken place.”

LESSONS FROM JAPAN

It doesn’t always work out that way. Just ask the Bank of Japan.

The BOJ embarked on quantitative easing as far back as 2001. But a decade on, it has still failed to decisively banish the quasi-stagnation and deflation that has dogged Japan’s economy since the early 1990s. Only once in the past decade, in 2008, has Japan experienced inflation of more than 1 percent — the central bank’s benchmark for price stability.

When the global crisis hit, the BOJ revived a 2002 scheme to buy shares from banks and took a range of other unorthodox steps to support corporate financing. But its actions failed to placate critics who view it as too timid. Senior figures in the ruling party and opposition parties talk of watering down the BOJ’s independence and forcing it to adopt a rigid inflation target.

“The government tends to blame everything on the BOJ,” Kazumasa Iwata, a former BOJ deputy governor, told Reuters. Makoto Utsumi, a former vice finance minister for international affairs, defended the bank’s current set-up, saying it would be “absurd” and “unthinkable” for a developed country like Japan to make its central bank a handmaiden of the government.

The bank’s prompt response to the devastating March 11 earthquake and tsunami has since earned it widespread plaudits. The BOJ poured cash into the banking system, doubled its purchases of an array of financial assets and intervened in the foreign exchange market in coordination with the central banks of other rich nations to halt a surge in the yen that was hurting Japan’s exporting companies.

Charles Goodhart, a professor at the London School of Economics who was on the Bank of England’s Monetary Policy Committee from 1997 to 2000, believes a measure of central bank independence can be preserved, even if cooperation with ministers is needed to keep the banking system stable. “I think trying to maintain the independent role of the central bank in interest rate setting remains a very good idea,” he told Reuters. “When it comes to financial stability issues, at any rate under certain circumstances and at certain times, there will have to be a greater involvement of the government.”
How to achieve that balance is the subject of a whole other debate. “None of this is going to be quite in the separate boxes it has been in the past,” says Gieve, the former Bank of England deputy governor. “If you have inappropriate monetary policy, all the macroprudential instruments in the world will find it very difficult to push water up hill.”

IMPORTING INFLATION

As if the political dimension was not enough of a headache, central bank rate-setters seem to be finding it harder to nail down the sources of the inflation they are tasked to fight. One reason is globalization.

Central banks have traditionally turned a blind eye to a one-off rise in prices stemming from, say, an increase in consumption taxes, a sharp drop in the exchange rate that boosts import costs or, as now, a spike in oil. As long as the price jolt does not change inflationary expectations or worm its way into the broader economy by prompting workers to ask for higher wages, policy makers have usually felt comfortable in keeping their eye on underlying cost pressures at home.

That remains the consensus, as demonstrated by the Bank of England, which has failed to keep inflation down to its 2 percent target for much of the past five years.

But in a world of integrated supply chains, can inflationary impulses be neatly attributed to either domestic or international forces? Does it now make sense, as some analysts argue, to estimate how much spare capacity there is globally, not locally?

The answers to those questions will have huge implications for monetary policy.

Lorenzo Bini Smaghi, one of six members of the ECB’s Executive, has warned that sharper rises in the prices of commodities and goods imported from emerging economies will push up euro zone inflation unless domestic prices are controlled. “A permanent and repeated increase in the prices of imported products will tend to impact on inflation in the advanced countries, including the euro area,” he said in Bologna in January.

St. Louis Fed President James Bullard admits the United States could not consider its own inflation outlook in complete isolation from the rest of the world.

“Perhaps global inflation will drive U.S. prices higher or cause other problems,” he told a business breakfast in Kentucky in February. The ties that bind global banks and the ease with which capital flows across borders mean that central banks have to be more aware than ever of the international consequences of their policy actions.

Because the dollar is the dominant world currency, the Fed came under widespread fire for its second round of bond buying. Critics in China and Brazil among others charged that dollars newly minted by the Fed would wash up on their shores, stoking inflation and pumping up asset prices.

“How do we conduct monetary policy in a globalised context?” asks Richard Fisher, the Dallas Fed president. “How do we regulate and supervise and develop our peripheral vision for those that we don’t supervise in a formal way, in a globalised context? Not easy.”

Structural shifts in the world economy also raise questions about how long central banks should give themselves to hit their inflation goals — further blurring the picture for investors.

“The central bank always has the choice of the time horizon over which it hits its inflation target,” Thygesen, the Copenhagen professor, said. “As the Bank of England is now learning, it may have to extend that horizon somewhat in particularly difficult circumstances. There may be good reasons for doing it, but that is where the element of discretion lies.”

The Bank of England expects inflation to remain above target this year before falling back in 2012. The ECB, which seeks medium-term price stability, is resigned to inflation remaining above its target of just below 2 percent for most of 2011. In the last 12 months, it stood at 2.3 percent.

It all adds up to a significant shift in the environment in which central banks operate. Policy-making is a whole lot more complicated. With a broader mandate for keeping the banking system safe comes increased political scrutiny. With fast-expanding export economies like China becoming price setters instead of price takers, offshore inflation and disinflation are of growing importance. If the rise in oil prices is due to increased demand from developing nations, for instance, can western central banks still play down ever-higher energy bills as transient?

That all means it will become tougher for central banks to preserve their most precious asset, credibility.

“Look at the ’90s and the early years of this century — central banks were at the peak of their reputation worldwide, and I was already saying at that time that we know from experience that the risk is highest when you are on top,” Issing says. “Central banks have to take care to restore their reputation, if it has been lost. I think this is a difficult situation for central banks worldwide.”

(Paul Carrel reported from Frankfurt, David Milliken from London and Mark Felsenthal and Pedro Nicolaci da Costa from Washington; Additional reporting by Rie Ishiguro in Tokyo; Writing by Alan Wheatley; Editing by Simon Robinson and Sara Ledwith)

If the Bank of England wants this information, how can this court deem it irrelevant?

SEE ALSO BOE PAPER ON ABS DISCLOSURE condocmar10

If the Bank of England wants this information, how can this court deem it irrelevant? NOTE: BOE defines investors as note-holders.
information on the remaining life, balance and prepayments on a loan; data on the current valuation and loan-to-value ratios on underlying property and collateral; and interest rate details, like the current rate and reset levels. In addition, the central bank said it wants to see loan performance information like the number and value of payments in arrears and details on bankruptcy, default or foreclosure actions.
Editor’s Note: As Gretchen Morgenstern points out in her NY Times article below, the Bank of England is paving the way to transparent disclosures in mortgage backed securities. This in turn is a guide to discovery in American litigation. It is also a guide for questions in a Qualified Written Request and the content of a forensic analysis.
What we are all dealing with here is asymmetry of information, which is another way of saying that one side has information and the other side doesn’t. The use of the phrase is generally confined to situations where the unequal access to information is intentional in order to force the party with less information to rely upon the party with greater information. The party with greater information is always the seller. The party with less information is the buyer. The phrase is most often used much like “moral hazard” is used as a substitute for lying and cheating.
Quoting from the Bank of England’s “consultative paper”: ” [NOTE THAT THE BANK OF ENGLAND ASSUMES ASYMMETRY OF INFORMATION AND, SEE BELOW, THAT THE INVESTORS ARE CONSIDERED “NOTE-HOLDERS” WITHOUT ANY CAVEATS.] THE BANK IS SEEKING TO ENFORCE RULES THAT WOULD REQUIRE DISCLOSURE OF
borrower details (unique loan identifiers); nominal loan amounts; accrued interest; loan maturity dates; loan interest rates; and other reporting line items that are relevant to the underlying loan portfolio (ie borrower location, loan to value ratios, payment rates, industry code). The initial loan portfolio information reporting requirements would be consistent with the ABS loan-level reporting requirements detailed in paragraph 42 in this consultative document. Data would need to be regularly updated, it is suggested on a weekly basis, given the possibility of unexpected loan repayments.
42 The Bank has considered the loan-level data fields which
it considers would be most relevant for residential mortgage- backed securities (RMBS) and covered bonds and sets out a high-level indication of some of those fields in the list below:
• Portfolio, subportfolio, loan and borrower unique identifiers.
• Loan information (remaining life, balance, prepayments).
• Property and collateral (current valuation, loan to value ratio
and type of valuation). Interest rate information (current reference rate, current rate/margin, reset interval).
• Performance information (performing/delinquent, number and value of payments in arrears, arrangement, litigation or
bankruptcy in process, default or foreclosure, date of default,
sale price, profit/loss on sale, total recoveries).
• Credit bureau score information (bankruptcy or IVA flags,
bureau scores and dates, other relevant indicators (eg in respect of fraudulent activity)).

The Bank is also considering making it an eligibility requirement that each issuer provides a summary of the key features of the transaction structure in a standardised format.
This summary would include:
• Clear diagrams of the deal structure.
Description of which classes of notes hold the voting rights and what proportion of noteholders are required to pass a resolution.
• Description of all the triggers in the transaction and the consequences of them being breached.
• What defines an event of default.
• Diagramatic cash-flow waterfalls, making clear the priority
of payments of principal and interest, including how these
can change in consequence to any trigger breaches.
52 The Bank is also considering making it an eligibility
requirement that cash-flow models be made available that
accurately reflect the legal structure of an asset-backed security.
The Bank believes that for each transaction a cash-flow model
verified by the issuer/arranger should be available publicly.
Currently, it can be unclear as to how a transaction would
behave in different scenarios, including events of default or
other trigger events. The availability of cash-flow models, that
accurately reflect the underlying legal structure of the
transaction, would enable accurate modelling and stress
testing of securities under various assumptions.

March 19, 2010, NY Times

Pools That Need Some Sun

By GRETCHEN MORGENSON

LAST week, the Federal Home Loan Bank of San Francisco sued a throng of Wall Street companies that sold the agency $5.4 billion in residential mortgage-backed securities during the height of the mortgage melee. The suit, filed March 15 in state court in California, seeks the return of the $5.4 billion as well as broader financial damages.

The case also provides interesting details on what the Federal Home Loan Bank said were misrepresentations made by those companies about the loans underlying the securities it bought.

It is not surprising, given the complexity of the instruments at the heart of this credit crisis, that it will require court battles for us to learn how so many of these loans could have gone so bad. The recent examiner’s report on the Lehman Brothers failure is a fine example of the in-depth investigation required to get to the bottom of this debacle.

The defendants in the Federal Home Loan Bank case were among the biggest sellers of mortgage-backed securities back in the day; among those named are Deutsche Bank; Bear Stearns; Countrywide Securities, a division of Countrywide Financial; Credit Suisse Securities; and Merrill Lynch. The securities at the heart of the lawsuit were sold from mid-2004 into 2008 — a period that certainly encompasses those giddy, anything-goes years in the home loan business.

None of the banks would comment on the litigation.

In the complaint, the Federal Home Loan Bank recites a list of what it calls untrue or misleading statements about the mortgages in 33 securitization trusts it bought. The alleged inaccuracies involve disclosures of the mortgages’ loan-to-value ratios (a measure of a loan’s size compared with the underlying property’s value), as well as the occupancy status of the properties securing the loans. Mortgages are considered less risky if they are written against primary residences; loans on second homes or investment properties are deemed to be more of a gamble.

Finally, the complaint said, the sellers of the securities made inaccurate claims about how closely the loan originators adhered to their underwriting guidelines. For example, the Federal Home Loan Bank asserts that the companies selling these securities failed to disclose that the originators made frequent exceptions to their own lending standards.

DAVID J. GRAIS, a partner at Grais & Ellsworth, represents the plaintiff. He said the Federal Home Loan Bank is not alleging that the firms intended to mislead investors. Rather, the case is trying to determine if the firms conformed to state laws requiring accurate disclosure to investors.

“Did they or did they not correspond with the real world at the time of the sale of these securities? That is the question,” Mr. Grais said.

Time will tell which side will prevail in this suit. But in the meantime, the accusations illustrate a significant unsolved problem with securitization: a lack of transparency regarding the loans that are bundled into mortgage securities. Until sunlight shines on these loan pools, the securitization market, a hugely important financing mechanism that augments bank lending, will remain frozen and unworkable.

It goes without saying that after swallowing billions in losses in such securities, investors no longer trust what sellers say is inside them. Investors need detailed information about these loans, and that data needs to be publicly available and updated regularly.

“The goose that lays the golden eggs for Wall Street is in the information gaps created by financial innovation,” said Richard Field, managing director at TYI, which develops transparency, trading and risk management information systems. “Naturally, Wall Street opposes closing these gaps.”

But the elimination of such information gaps is necessary, Mr. Field said, if investors are to return to the securitization market and if global regulators can be expected to prevent future crises.

While United States policy makers have done little to resolve this problem, the Bank of England, Britain’s central bank, is forging ahead on it. In a “consultative paper” this month, the central bank argued for significantly increased disclosure in asset-backed securities, including mortgage pools.

The central bank is interested in this debate because it accepts such securities in exchange for providing liquidity to the banking system.

“It is the bank’s view that more comprehensive and consistent information, in a format which is easier to use, is required to allow the effective risk management of securities,” the report stated. One recommendation is to include far more data than available now.

Among the data on its wish list: information on the remaining life, balance and prepayments on a loan; data on the current valuation and loan-to-value ratios on underlying property and collateral; and interest rate details, like the current rate and reset levels. In addition, the central bank said it wants to see loan performance information like the number and value of payments in arrears and details on bankruptcy, default or foreclosure actions.

The Bank of England recommended that investor reports be provided on “at least a monthly basis” and said it was considering making such reports an eligibility requirement for securities it accepts in its transactions.

The American Securitization Forum, the advocacy group for the securitization industry, has been working for two years on disclosure recommendations it sees as necessary to restart this market. But its ideas do not go as far as the Bank of England’s.

A group of United States mortgage investors is also agitating for increased disclosures. In a soon-to-be-published working paper, the Association of Mortgage Investors outlined ways to increase transparency in these instruments.

Among its suggestions: reduce the reliance on credit rating agencies by providing detailed data on loans well before a deal is brought to market, perhaps two weeks in advance. That would allow investors to analyze the loans thoroughly, then decide whether they want to buy in.

THE investors are also urging that loan-level data offered by issuers, underwriters or loan servicers be “accompanied by an auditor attestation” verifying it has been properly aggregated and calculated. In other words, trust but verify.

Confidence in the securitization market has been crushed by the credit mess. Only greater transparency will lure investors back into these securities pools. The sooner that happens, the better.

Obama Gets a Set — Accepts Volcker’s View

Editor’s Comment: Finally! The president has now played out the Geithner-Summers scenario and seen the results — a large middle finger raised in the air from an arrogant bunch of people who are tone deaf to the needs of the nation and the world. This decision brings us into line with the rest of the world, whose central bankers have been waiting for ANY signal from Washington that we were ready to get real about financial services and currency weakness.

This is a massive break from the Bush era of “free-market” self regulation and a recognition of the truth — that the markets are anything but free. As of now, the financial markets and our economy are in the death grip of a very small coterie of people more bent on power and privilege than commerce, profit, accountability to shareholders, fairness to the consumer and respect for the taxpayers whom they bilked for trillions of dollars after stealing trillions from homeowners and investors through destruction of the lives and prospects of most middle class Americans.

The lone voice in the inner circle has been the chairman of economic advisers, Paul Volcker who until now has been marginalized, discounted and generally avoided. Joined by the former Fed Chairman Greenspan who now admits the mistakes of “free-market” thinking and the consequences of taking the referees off the playing field, Volcker proposes a whole new paradigm. By breaking up the large “too big to fail” institutions we break up the oligopoly that is running our government.

We have a very long road ahead. Deflating the bubble that still exists in trading proprietary currency-equivalents (derivatives, mostly) will take a long time and will no doubt have both negative and positive, intended and unintended consequences. Nothing is perfect. But what is perfect is a nation that can go through peaceful revolution and come out the other end with a healthier, safer, free society where the goal is opportunity for everyone and protection from those who would economically enslave people and systematically dumb them down through starving educational initiatives.

Following through on this initiative means we can really address the jobs problem and the corporate welfare drain on the American taxpayer. Those must end as quickly as possible. Changing the context to consumer protection and transparency in the financial markets means that the reality of the foreclosure crisis can be stated openly: neither the obligations nor the property were ever worth what they were sold for and they never will rise to those levels again in any meaningful amount of time.The ONLY honest answer is principal reduction. The only open questions are how to share the losses amongst all the affected losers.

Recent realistic projections show that the largest wave of foreclosures is yet to come in 2012 and 2013. Unwinding the increasingly damaged titles of property encumbered by fabricated documents asserting false terms could take generations. If the President follows through on this announcement, our ordeal, now projected to be 20-30 years and beyond, could be shortened considerably with a real brass ring at the end instead of a simple sigh of relief and resignation that the b–tards are always in charge.

The President promised change. Now he is aiming for it. Let’s hope he makes it. Write your congressman, senators, governors and legislators supporting this initiative. Give the President as much support as you can — he’s going to need it in the battle ahead. Believe in yourself and not in the messages blasted at us through institutionalized advertisements and a lazy media. And keep fighting the battle against foreclosure. You are warriors on behalf of yourself and what will be a grateful nation.

By JACKIE CALMES and LOUIS UCHITELLE

Published: January 20, 2010

WASHINGTON — President Obama on Thursday will publicly propose giving bank regulators the power to limit the size of the nation’s largest banks and the scope of their risk-taking activities, an administration official said late Wednesday.

The president, for the first time, will throw his weight behind an approach long championed by Paul A. Volcker, former chairman of the Federal Reserve and an adviser to the Obama administration. The proposal will put limits on bank size and prohibit commercial banks from trading for their own accounts — known as proprietary trading.

The White House intends to work closely with the House and Senate to include these proposals in whatever bill dealing with financial regulation finally emerges from Congress.

Mr. Volcker flew to Washington for the announcement on Thursday. His chief goal has been to prohibit proprietary trading of financial securities, including mortgage-backed securities, by commercial banks using deposits in their commercial banking sectors. Big losses in the trading of those securities precipitated the credit crisis in 2008 and the federal bailout.

The president will speak at an appearance on Thursday at the White House with Treasury Secretary Timothy F. Geithner, an administration official said, speaking on the condition of anonymity because the talks were private. It will come after a meeting with Mr. Volcker.

A similar discussion is percolating in Europe, led by Mervyn King, head of the Bank of England.

The president’s announcement comes as his popularity in public opinion polls is falling because of stubborn unemployment and the stagnant economy, and just days after he suffered a stinging loss when the Republicans won the Senate seat from Massachusetts.

It will be the third time in just a week that he has waded into the battle heating up in Congress over tightening regulation of financial institutions to avoid the sort of abuses that contributed to the near collapse on Wall Street. Last week he proposed a new tax on some 50 of the largest banks to raise enough money to recover the losses from the financial bailout, which ultimately could cost up to $117 billion, the Treasury estimates.

And this week, he served notice to senior lawmakers that he wants an independent agency to protect consumers as part of any financial overhaul legislation.

Only a handful of large banks would be the targets of the proposal, among them Citigroup, Bank of America, JPMorgan Chase and Wells Fargo. Goldman Sachs, the Wall Street trading house, became a commercial bank during this latest crisis, and it would presumably have to give up that status.

“The heart of my argument,” Mr. Volcker said, “is who we are going to save and who we are not going to save. And I don’t want to save what is not at the heart of commercial banking.”

Mr. Volcker has been trying for weeks to drum up support — on Wall Street and in Washington — for restrictions similar to those passed in the Glass-Steagall Act in 1933. That law separated commercial banking and investment banking, so that the investment arm could no longer use a depositor’s money to purchase stocks, sometimes drawing money from a savings account, for example, without the depositor’s knowledge.

The 1929 stock market crash and subsequent Depression made a shambles of that practice. But Glass-Steagall was watered down over the years and revoked in 1999.

Now the concern is a new type of activity in which financial giants like Citigroup, Bank of America and JPMorgan Chase engage. They now operate on two fronts. On the one hand, they are commercial banks, taking deposits, making standard loans and managing the nation’s payment system. On the other hand, they trade securities for their own accounts, a hugely profitable endeavor. This proprietary trading, mainly in risky mortgage-backed securities, precipitated the credit crisis in 2008 and the federal bailout.

Mr. Volcker, chairman of the president’s Economic Recovery Advisory Board, a panel of outside advisers set up at the start of the Obama administration, has gradually lined up big-name support for restrictions on such trading.

But the Obama administration until now focused on regulating the activities of the existing financial institutions, not breaking them up or limiting their activities. Under the new approach, commercial banks would no longer be allowed to engage in proprietary trading, using customers’ deposits and borrowed money to carry out these trades.

“Major institutions with a deposit facility should not be allowed to invest in subprime obligations under any conditions,” said Henry Kaufman, an economist and money manager, and one of a dozen prominent Wall Street figures who have told Mr. Volcker that they support his proposal, in principle if not in detail.

Others include William H. Donaldson, former chairman of the Securities and Exchange Commission; Roger C. Altman, chairman of Evercore and a Treasury official in the Clinton administration, and John S. Reed, a former chairman of Citigroup.

“When I was running Citi,” Mr. Reed said of his tenure in the 1980s and 1990s, “we simply did not trade for our own account.”

Jackie Calmes reported from Washington, and Louis Uchitelle from New York.

Mortgage Meltdown: Central bankers with Blinders

EDITOR’S NOTE: As long as Central banks focus on the currency instead of the cause, these measures will at best delay an inevitable collapse. At the core of the problem is that unless people are kept in their homes, trillions of dollars of assets will fail. This is NOT an inevitable consequence. Plans abound to keep people in their homes, provide a foundation for recovery of these assets, and stabilize currency and the credit markets. It is much simpler than what they are making it. The only inevitable consequence is that if central bankers maintain their current course, the ripples will spread to doubt about the more than $500 trillion in Global derivative securities, many of which are solid.

CURRENCIES

Dollar under pressure after Bank of America misses

Pound pressured as Bank of England details swap plan

By William L. Watts, MarketWatch

Last update: 11:19 a.m. EDT April 21, 2008

SAN FRANCISCO (MarketWatch) — The dollar extended losses against most major counterparts Monday, after Bank of America Corp.’s earnings shortfall reminded investors that the U.S. financial sector is not out of the woods yet.

Bank of America Corp.’s first-quarter profit fell 77% as credit-loss provisions jumped $4.78 billion, driven by weakness in home-equity loans as well as credit extended to small businesses and home builders. See full story.

Hawkish comments from European Central Bank Governing Council member Axel Weber also supported the euro. Weber reportedly said inflation is likely to remain elevated and suggested the ECB might have to hike rates.

“Hawkish ECB rhetoric has underpinned the euro of late, though with the pairing so far unable to post new record highs, and the market seen as a bit overextended on the long side of the ledger currently, downside potential may be on the rise in the near term,” wrote currency analysts at Action Economics.

The dollar bought 103.25 yen, down from 103.47 yen in London earlier Monday, and the euro was at $1.5915, up from $1.5864. See real-time currency prices.

The dollar index, which tracks the greenback against a basket of six major currencies, was at 71.650, down 0.5%.

But the British pound sterling was under pressure itself, after the Bank of England announced details of a plan to let commercial banks use mortgage-backed securities as collateral for loans in an effort to thaw frozen credit markets. The pound was last trading at $1.9808, down from $1.9825 in London earlier Monday.

The pound fell prey to profit-taking, after the Bank of England announced details of a plan to let commercial banks use mortgage-backed securities as collateral for loans in an effort to thaw frozen credit markets.

If the effort manages to unclog credit markets it would presumably remove some of the impetus for aggressive cuts in response to tightening credit conditions, said Trevor Williams, chief economist at Lloyds TSB.

Commercial banks can tap the Bank of England over the next six months for around 50 billion pounds ($99.85 billion) in Treasury bills by swapping AAA-rated mortgage-backed securities. The swaps are set to last a year and can be renewed for up to three years. See full story.

Strategists said profit-taking pressures in the wake of the BOE announcement contributed to sterling’s softer tone.

The currency was buoyed late last week in anticipation of the program, briefly re-touching the $2 level against the greenback while sending the euro back below 80 pence after the single currency notched new all-time highs above that level.

Meanwhile, another house price index showed further weakness in the U.K. housing market. Rightmove said annual house price inflation, without seasonal adjustments, slowed to 1.3% in April from 5%, the slowest pace since July 2005.

The dollar was also buoyed late last week as equity markets gained ground after massive first-quarter losses by U.S. banking giants Citibank and Merrill Lynch weren’t any worse than expected, strategists said.

Still, the euro found support against the dollar after slipping into the low $1.57 area Friday, noted economists at KBC Bank. And the hawkish tone maintained by European Central Bank officials in the face of surging inflation pressures is likely to continue to make traders reluctant to press the dollar lower, they said, while a break above $1.60 will be difficult to achieve without help from weak economic data or another round of bad news from the credit markets. 

William L. Watts is a reporter for MarketWatch in London.

 

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