Why Bail? The Banks Have a Gun Pointed at Their Head...

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Why Bail? The Banks Have a Gun Pointed at Their Head...

Postby American Dream » Mon Sep 29, 2008 7:26 pm

http://www.cepr.net/index.php/op-eds-&-columns/
op-eds-&-columns/why-bail-the-banks-have-a-gun-pointed-at-their-head-and-are-threatening-to-pull-the-trigger/

Why Bail? The Banks Have a Gun Pointed at Their Head and Are Threatening to Pull the Trigger

By Dean Baker

September 29, 2008, TPM Café (Talking Points Memo)



If you have a real story, you don't have to make up phony stories. That's pretty straightforward.

I've heard lots of phony stories. Much of the country's political and economic leadership has been running around raising the prospect of the Great Depression and a breakdown in the banking system (I actually had taken the latter seriously). These stories are absolutely not true.

There is no plausible scenario under which the no bailout scenario gives us a Great Depression. There is a more plausible scenario (but highly unlikely) that the bailout will give us a Great Depression. There is no way that the failure to do a bailout will lead to more than a very brief failure of the financial system. We will not lose our modern system of payments.

At this point I cannot identify a single good reason to do the bailout.

The basic argument for the bailout is that the banks are filled with so much bad debt that the banks can't trust each other to repay loans. This creates a situation in which the system of payments breaks down. That would mean that we cannot use our ATMs or credit cards or cash checks.

That is a very frightening scenario, but this is not where things end. The Federal Reserve Board would surely step in and take over the major money center banks so that the system of payments would begin functioning again. The Fed was prepared to take over the major banks back in the 80s when bad debt to developing countries threatened to make them insolvent. It is inconceivable that it has not made similar preparations in the current crisis.

In other words, the worst case scenario is that we have an extremely scary day in which the markets freeze for a few hours. Then the Fed steps in and takes over the major banks. The system of payments continues to operate exactly as before, but the bank executives are out of their jobs and the bank shareholders have likely lost most of their money. In other words, the banks have a gun pointed to their heads and are threatening to pull the trigger unless we hand them $700 billion.

If we are not worried about this worst case scenario (to be clear, I wouldn't want to see it), then why should we do the bailout?

There has been a mountain of scare stories and misinformation circulated to push the bailout. Yes, banks have tightened credit. Yes, we are in a recession. But the problem is not a freeze up of the banking system. The problem is the collapse of an $8 trillion housing bubble. (It was remarkable how many so-called experts somehow could not see the housing bubble as it grew to ever more dangerous levels. It is even more remarkable that many of these experts still don't recognize the bubble even as its collapse sinks the economy and the financial system.) The decline in housing prices to date has already cost the economy $4 trillion to $5 trillion in housing equity. This would be expected to lead to a decline in annual consumption on the order of $160 billion to $300 billion.

Given the loss of housing equity, I have actually been surprised that the downturn has not been sharper. Homeowners had been consuming based on their home equity. Much of that equity has now disappeared with the collapse of the bubble. We would expect that their consumption would fall. We also would expect that banks would be reluctant to lend to people who no longer have any collateral.

This is the story of the downturn and of course the bailout does almost nothing to counter this drop in demand. At best, it will make capital available to some marginal lenders who would not otherwise receive loans. We should demand more for $700 billion.

For the record, the restrictions on executive pay and the commitment to give the taxpayers equity in banks in exchange for buying bad assets are jokes. These provisions are sops to provide cover. They are not written in ways to be binding. (And Congress knows how to write binding rules.)

Finally, the bailout absolutely can make things worse. We are going to be in a serious recession because of the collapse of the housing bubble. We will need effective stimulus measures to boost the economy and keep the recession from getting worse.

However, the $700 billion outlay on the bailout is likely to be used as an argument against effective stimulus. We have already seen voices like the Washington Post and the Wall Street funded Peterson Foundation arguing that the government will have to make serious cutbacks because of the bailout.

While their argument is wrong, these are powerful voices in national debates. If the bailout proves to be an obstacle to effective stimulus in future months and years, then the bailout could lead to exactly the sort of prolonged economic downturn that its proponents claim it is intended to prevent.

In short, the bailout rewards some of the richest people in the country for their incompetence. It provides little obvious economic benefit and could lead to long-term harm. That looks like a pretty bad deal.

Dean Baker is the co-director of the Center for Economic and Policy Research (CEPR). He is the author of The Conservative Nanny State: How the Wealthy Use the Government to Stay Rich and Get Richer (www.conservativenannystate.org). He also has a blog, "Beat the Press," where he discusses the media's coverage of economic issues.
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Postby chiggerbit » Mon Sep 29, 2008 8:31 pm

We are going to be in a serious recession because of the collapse of the housing bubble.


Here's another question I have: a lot of people re-financed their homes, using their new "equity" to pay off credit card debt or to buy new consumer goods. Where's the logic in bailing them out? Why not allow them to tack on an extra three or four or five years of payments on the end of their mortgages to allow them to continue their mortgages at their present lower rate so they can afford their payments?
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Postby justdrew » Tue Sep 30, 2008 12:17 am

Bailout scam : a mafia bust out
September 26, 2008 05:06 PM EDT
© 2008 by Clarke M.
Average Rating: 10/10 (9 votes)

Congress has a model to deal with the indigestible US$700 billion bailout for irresponsible Wall Street Banks, the semi-private Fannie Mae and Freddie Mac, and the greedy AIG.

The Chrysler bailout in the late 1970s at the time cost the taxpayer billions, but then President Jimmy Carter insisted that Chrysler issue equity warrants to the government, which guaranteed government supervision and control and ensured the automobile maker paid off its debt to the American people. Chrysler's Lee Iacocca announced that he would clean up his company's mess and pay himself but a single US dollar a year in salary. The company did return to solvency, and what's more, the government made a profit to the tune of $400 mllion.

Today, George W Bush, the less than forthright Hank Paulson at the Treasury, and Ben Bernanke at the Fed do not show such public spiritedness. They choose to bail out friends in high finance and on Wall Street.

Congress should take control, reimpose regulation, and cleanse the system of toxic bonds and mortgages.

We hear much about lack of liquidity, but that is not true, look at Warren Buffet's $5 billion purchase of Goldman Sachs preferred stock. There is a lot of money out there, but the money has no confidence in Wall Street, so these wealthy companies are sticking it to the American people to bail out the financial markets.


The collapse of the financial system is not an unfortunate by-product of deregulation; it was a cold and calculated criminal enterprise.

The conspirators had a dry run in Chicago in 2001. Close to 1,500 people lost much of their life savings when Superior Bank of Chicago went bankrupt with a billion dollars in deposits. The bank sold bonds secured by subprime mortgages. The plan was to sell loans, collect commissions, and then walk away when the loans defaulted and let the bank fail. (The mafia calls this technique a "bust out.") In 2002 when this scheme was rolled out nationally, all 50 attorneys general pleaded with the George W Bush administration to stop the predatory lending practices they knew would lead to the collapse we see today. Instead of helping, in 2003 Bush invoked a clause from the 1863 National Bank Act nullifying all state predatory lending laws. The Office of the Comptroller of the Currency ( OCC) also created new rules that prevented states from enforcing any of their own consumer protection laws against national banks.

Following the money, Henry Paulson resigned as CEO of Goldman Sachs to become Treasury Secretary in 2006, having amassed a personal net worth of US$700 million during his tenure . Goldman Sachs appears to be the only financial company to profit from the subprime crises. Kate Kelly's Wall Street Journal article of December 14, 2007 explains how while Goldman Sachs was trading collateralized debt obligations ( CDOs), they were also betting so heavily against them that when they failed, the profit they made more than offset the losses .

Treasury Secretary Paulson's game is to put taxpayers on the hook for this theft. This is NOT a $700 billion bailout. Globally there are $600 trillion in world liabilities, plus more than $400 trillion derivatives. We should let Wall Street fend for itself - and Congress should investigate the activities of the people behind this "bust out" of our treasury.

Bloomberg reported,

"More than 150 prominent U.S. economists, including three Nobel Prize winners, urged Congress to hold off on passing a $700 billion financial market rescue plan until it can be studied more closely.

In a letter yesterday to congressional leaders, 166 academic economists said they oppose Treasury Secretary Henry Paulson's plan because it's a 'subsidy' for business, it's ambiguous and it may have adverse market consequences in the long term. They also expressed alarm at the haste of lawmakers and the Bush administration to pass legislation.

David I. Levine, a professor of economics at University of California-Berkeley, says the current plan being discussed has the wrong structure.

Erik Brynjolfsson, of the Massachusetts Institute of Technology's Sloan School, said his main objection "is the breathtaking amount of unchecked discretion it gives to the Secretary of the Treasury. It is unprecedented in a modern democracy."

"I suspect that part of what we're seeing in the freezing up of lending markets is strategic behavior on the part of big financial players who stand to benefit from the bailout," said David K. Levine, an economist at Washington University in St. Louis, who studies liquidity constraints and game theory. "

from HERE
some interesting comments there too.
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Postby chiggerbit » Tue Sep 30, 2008 12:00 pm

Your mention of Chrysler tweaked my curiosity, justdrew, so I thought I'd do a google. The first one I came across was this Heritage Foundation article. When I saw that it was that group, I was going to pass by without reading it (where's the smiley for gag reflex?). But then it occurred to me that there might be some interesting nuggets in in it that might shed some light on the present situation, or the opposite, show where the substance is hiding by the shadow that's cast. See what you think.

http://www.heritage.org/Research/Regulation/bg276.cfm

July 13, 1983
The Chrysler Bail-Out Bust
by Hickel, James K.
Backgrounder #276

Chrysler Corporation auto sales are roaring into high gear. And so is the myth of the Great Chrysler Comeback. The resurgence of the once dying automaker has become the favorite example cited by proponents of national industrial policy who call for massive and costly federal efforts to revive what they describe as a desperately ailing American economy. The way they tell the story, Chrysler in 1979 seemed destined for bankruptcy, and now it's showing a profit. What saved Chrysler, we are told, are the $1.2 billion in loan guarantees provided by the federal government—so successful was the timely injection of cash that the company could announce today that it will pay off the remaining $800 million by September. And it didn't cost the taxpayer a penny, did it, they ask gloatingly. Chrysler chairman Lee Iacocca, who came to Washington four years ago with begging bowl in hand, is now in the vanguard of the push for more government intervention in American industry. Federal loan guarantees, import quotas, and a well-defined industrial policy, he promises, will be the key to American corporate success in the years ahead

If it all seems too good to be true, it is because it isn't true. The popular version of the Chrysler bail-out is simply a fairy tale. The bail-out is a bust. Closer scrutiny of it reveals that the "great success" rests on a bedrock of myths and half truths. These myths cloud and distort important issues involved in the larger question of industrial policy and a closer business-government relationship. Confronting the Chrysler myths with Chrysler facts reveals Chrysler's true financial condition and the real impact of those federal guarantees. It shows that if the bailout is indeed the model for an American industrial policy the consequences could be disastrous

Myth No. 1: Government loan guarantees prevented the Chrysler Corporation from going bankrupt.

The truth is that the Chrysler Corporation has gone bankrupt by every normal definition of the word. In the past three years, Chrysler has renegotiated its debts and restructured its organization in a way that greatly resembles a company going through Chapter 11 bankruptcy. Its creditors, like those of bankrupt firms, were forced to swallow sizeable losses.

This was the result of a clause in the Chrysler Corporation Loan Guarantee Act of 1979 that required creditors to make certain "concessions" to Chrysler. With this clause to exploit and with Treasury Department officials, including then-Secretary William Miller, pressuring its creditors, Chrysler was able to pay off more than $600 million in debts at just 30 cents on the dollar. In addition, the company was allowed to convert nearly $700 million in debts into a special class of preferred stock—paper relatively worthless in the financial markets because the shares earned no dividends and were to be unredeemable for several years. In early 1983, Chrysler reached a tentative agreement with its creditors to trade this preferred stock for Chrysler's regularly traded common stock. However, the creditors still get the short end of the financial stick: the face value of the common stock to be received will almost certainly be less than the face value of the original debt.

Chrysler's creditors are not alone in being socked by the company's quasi-bankruptcy. The firm's workers have paid an even greater price. Despite the fact that the loan guarantees were approved by Congress mainly to protect jobs at Chrysler, the company has sent home nearly half of its employees, cutting its white collar work force by 20,000 and laying off 42,600 of its hourly workers since the loan guarantees were signed into law. Many observers, including Senator William Proxmire (D-Wisc.) complain that the number of employees laid off at Chrysler in this period is at least as large—and may even have been larger—than the number of jobs that probably would have been lost had Chrysler actually been forced into bankruptcy.

The only difference between the actual bankruptcy that Chrysler faced in 1979 and the quasi-bankruptcy that Chrysler has gone through in the past three years is that under this quasi-bankruptcy the federal government is responsible for guaranteeing over $1 billion in Chrysler loans. Chrysler's creditors and employees have paid a price no different than they would have paid in reorganization under the bankruptcy laws. If it has not been the workers and creditors who have benefited from federal generosity, who has? The answer: Mainly Chrysler's shareholders.

But not even all of Chrysler's shareholders benefited: sensible stockholders—the ones who carefully monitored Chrysler's financial and management performance—probably sold the stock well before the bailout occurred. Therefore, only two types of Chrysler stockholders really benefited from the bail-out: (1) less informed investors who either ignored the warning signs of Chrysler's impending bankruptcy or else failed to act on them, and (2) the stockholders who were gambling that the federal government would come to Chrysler's rescue and minimize their potential losses.

The Chrysler version of industrial policy, therefore, fleeced the company's creditors, resulted in a 50 percent reduction in Chrysler's workforce, rewarded the least deserving of Chrysler's stockholders, and let the U.S. taxpayer risk his money in a bankrupt company. This we are told, is the shining example for America's new industrial policy.

Myth No. 2: Federal 1oan guarantees were justified because Chrysler's financial problems were brought on by the federal government.

Although federal regulations have certainly played a part in the financial decline of the automobile industry, these rules apply to every firm in the industry, not just Chrysler. It was Chrysler's management, rather, which put it on the road to bankruptcy. Throughout the late 1930s and into the early 1940s, Chrysler was actually the second largest car manufacturer in the United States, ahead of Ford. The company's problems began shortly after World War II, when it decided to stick with prewar manufacturing and styling methods instead of retooling to meet the expectations of postwar automobile buyers. Ford and General Motors, in contrast, developed a sleek and streamlined design that sold well.

By the time Chrysler's management admitted their mistake in the 1950s, the company had slipped to third place among the nation's automakers. But because Chrysler's new management reacted by emphasizing sales and production over engineering, the firm's cars were little more than delayed copies of Ford and General Motors products. "Chrysler was always into a fad, but always into it at the tail end, after it had crested," says Maryann Keller, automobile industry analyst for Paine Webber.

Even Chrysler chairman Lee Iacocca does not accuse the federal government of total responsibility for Chrysler's plight. "I don't blame regulations for all of Chrysler's problems," Iacocca admitted to a congressional committee. "I think that half of all Chrysler's problems were tough management mistakes." Regulations may have played a part in forcing Chrysler over the edge, but the stage had been set for Chrysler's problems long before seat belts and bumper standards were a gleam in the regulators' eyes.

Myth No. 3: The loan. guarantees cost nothing since Chrysler has not gone bankrupt.

Under the provisions of the Loan Guarantee Act, Chrysler is supposed to compensate the federal government for the risk that the government has taken in making the guarantees. The House Committee on Banking, Finance, and Urban Affairs defined this risk as "the difference between the rate that the guaranteed loans carry and the rate that Chrysler would be required to pay if the loans were obtained without the federal guarantees."[1]

Just how large is the difference between the two rates? In early 1980, Chrysler was able to issue government-guaranteed bonds at an interest rate of only 10.35 percent, while Ford Motor Company was forced to pay about 14.50 percent for its unguaranteed bonds. If Chrysler did not have the loan guarantees, it would almost certainly have to pay a higher interest rate on its bonds than the more secure Ford Motor Company. Therefore, one would assume that Chrysler should be paying the federal government a guarantee fee of at least four percent. Yet Chrysler pays only one percent, or about $12 million a year.

Chrysler attempted to make up the difference by giving the government 14.4 million "warrants," which are certificates that give the government the right to purchase a share of Chrysler stock at $13 a share. Even if the stock price does rise to the point where American taxpayers would be fully compensated for the $300 million in interest subsidies that Chrysler will enjoy during the 1980s, the company is clearly not eager to see taxpayers collecting on those warrants In early 1983, Chrysler publicly demanded that the Treasury Department return the warrants to Chrysler, claiming that cashing in now-valuable warrants would amount to "usury." Due to adverse public reaction, a Chrysler spokesman said that the company "would not press" the demand at this time.

Moreover, Chrysler has petitioned the federal government to reduce the one percent loan guarantee fee it currently pays down to the statutorily mandated minimum of one-half percent. The federal government put more than one billion in tax dollars at risk for Chrysler. But if Chrysler survives it appears that the company is very reluctant to reward Uncle Sam for that risk.

Myth No. 4: Chrysler's top management has taken deep salary cuts until Chrysler's financial problems are resolved.

When Chrysler was petitioning the federal government for the financial assistance it wanted, in 1979, the company announced its Salary Reduction Program. Under this, executive salaries were cut between two and ten percent; Lee Iacocca's salary was reduced to one dollar a year (although it was made clear that, under the program, Iacocca would collect the balance of a recruitment bonus due to him in 1980). If Chrysler's financial performance was adequate after two years, the executives would be eligible to receive retroactive salary payments to make up for these reductions.

Despite the fact that Chrysler lost nearly $500 million in 1981, the Salary Reduction Program ended that year, and executive salaries were restored to their 1979 level. Moreover, the company made retroactive payments to its executives for about two-thirds of the income they lost while the program was in effect, on the theory that its stock price in 1981 was about two-thirds of its 1979 price. Iacocca himself received over $360,000 in salary supplemental payments, and director's fees in 1981—including "amounts paid in accordance with the Salary Reduction Program," according to documents filed with the Securities and Exchange Commission. All of this despite the fact that Chrysler was still losing money. Not that there is anything inherently wrong in paying high salaries; Iacocca probably could be making much more money at a much healthier company. But the much heralded sacrifices made by Chrysler executives did not last long—just about long enough to secure federal support for the company.

Myth No. 5: Chrysler's new-found profitability shows that it is on the road to financial recovery.

Chrysler's supporters were elated when the company reported a net profit of over $170 million in the first quarter of 1983—the largest quarterly profit in the company's history. Lee Iacocca has also announced that the remaining $800 million in federally guaranteed loans will be repaid by September—seven years ahead of schedule. Many observers call this a "comeback." Rumors of Chrysler's resurrection, however, may be premature.

Chrysler claims that cost cutting has been an important factor in the company's success. But Chrysler's version of cost cutting provides a shaky foundation for long-term profitability.

Examples:

Carry-forward of tax losses. Chrysler's massive losses in 1979, 1980, and 1981 have given the company large tax deductions to cut its tax bills almost to zero throughout the 1980s. Of the $170 million "earned" by Chrysler in the first quarter of 1983, only half actually represents operating profit; the other half is attributable to Chrysler's large loss carry-forward.
Cuts in research and development (R&D) spending. Chrysler boosted R&D spending from $161 million in 1972 to $358 million in 1979 (or $207 million in 1972-equivalent dollars). But between 1979 and 1982, R&D spending was cut to $307 million (only $133 million in 1972 dollars). R&D includes product planning and design for Chrysler's future models. Slashing such outlays may mean quick paper profits at the cost of future innovation and competitiveness.
Decreases in capital investment. Industry analysts are concerned that Chrysler is sacrificing long-term capital investment in the interest of short-term profit. "We still have long-term concerns about the company and the fact that during this period of trial and tribulation, they have not spent much money for product, plant, and equipment," says Harvey Heinbach, automobile industry analyst for Merrill Lynch. "This year [1982] Chrysler will have invested $500 million in capital spending compared to General Motors' $8 billion."
Deferrals of pension costs. In January 1982, Chrysler reached an agreement with the United Auto Workers to defer $220 million in pension fund contributions. The UAW is not likely to allow deferrals to continue indefinitely.
Decreases in labor costs. In January 1981, Chrysler negotiated special concessions from the UAW that saved the company more than $600 million in 1981 and 1982. The union is now fighting to restore those benefits for its workers. After a threatened strike in the United States and an actual strike by Chrysler's Canadian workers in late 1982, Chrysler was forced to give back many of those concessions. More management climb-downs are expected when the current agreement expires in January 1984, and wage parity with General Motors and Ford workers is an avowed goal of the auto workers union and its members. Currently Chrysler pays two dollars an hour less to UAW workers than do General Motors and Ford. If all of Chrysler's 40,000 hourly workers were paid the union rate, and they worked eight-hour days through the first three months of 1983, then nearly $40 million would disappear from Chrysler's profit in the first quarter in 1983.
Not all of Chrysler's cost cutting has occurred in these five areas, of course. But these samples illustrate that Chrysler's current profitability—as well as its prospects for future profit ability—depends to a large extent upon a set of unique and inherently temporary circumstances.

Myth No. 6: Chrysler's survival has improved America's position in the international automobile market.

One argument made in support of the Chrysler loan guarantees was that it would make it easier for the United States to compete in the world market for cars, since four American companies would be competing in that market instead of three. The following statistics refute this: In 1980, when Chrysler began obtaining its guaranteed loans, Chrysler cars accounted for 7 percent of all automobiles registered in the United States, while other domestic cars accounted for 65 percent, and imported cars accounted for 28 percent. In 1981, when Chrysler received its second "wave" of loans, Chrysler's share increased to 9 percent, imports increased slightly to 29 percent, and other domestic cars slid to 62 percent. Statistics for 1982 generally mirror those of 1981. In other words, Chrysler has increased its market share not by making inroads into foreign competition, but by taking customers away from other domes tic manufacturers.

When Chrysler was on the verge of bankruptcy in 1979, the marketplace was signaling that the slackening automobile market would only support three U.S. car manufacturers. By granting the Chrysler loan guarantees, Congress ignored that signal. If Chrysler survives, it will probably mean that the shrinking automobile market will be shared by four ailing domestic automakers, rather than the two or three relatively healthy car manufacturers that would have emerged had Chrysler been allowed to go into formal bankruptcy.

CONCLUS ION
When the loan guarantee program was being considered by Congress, Chrysler's unions and top management constituted the "visible" constituency, pleading its case in Washington and begging to be pulled back from the jaws of bankruptcy. Unrepresented and unheard was a huge "invisible" constituency. They included:

Current and future laid-off Ford and General Motors workers, who never understood that their tax dollars were being used to destroy their own jobs in order to save jobs at Chrysler
Small businessmen and private individuals, who never understood that the Chrysler bail-out would squeeze $1.2 billion out of the credit market, making it difficult and more costly for them to raise business capital or finance a mortgage on a new house, all of which would have created new jobs
Over 60,000 now laid-off Chrysler workers, who expected the bailout to save their jobs
American car buyers, who never understood that Ford and General Motors would have taken over much of a bankrupt Chrysler's market and produced cars more efficiently, reducing the cost of domestic automobiles.
The problem with the Chrysler bail-out—in fact, the problem with all "industrial policy"—is that it is necessarily political in nature; the loudest interest groups get the greatest reward, while the scattered and fragmented "invisible constituency" is largely ignored. But a free market is a tangled web of infinite and subtle interaction, in which the full impact of intervention is not always recognized until too late. In the case of the Chrysler bail-out, a big chunk of taxpayer money was committed to a shaky and inappropriate venture. Every American became an involuntary and uncompensated partner in a company whose future is still in doubt. The precedent established is extremely dangerous. On top of this, the bail-out even failed in its purpose.

Prepared for The Heritage Foundation by James K. Hickel a Washington-based policy consultant. Based on: "Lemon Aid," Reason, March 1983. Text appearing in the article reprinted with permission. ©1983 by the Reason Foundation, Box 40105, Santa Barbara, CA 93103.
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