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The Journal of Economic Perspectives is a general-interest publication of the American Economic Association, designed to make the results of economic research more accessible to non-specialists and policy makers. I got to take part in its symposium on “Financial Regulation after the Crisis,” which is available here compliments of the AEA. When 11 different economists write five different articles, there is usually going to be a wide range of views. However, I feel somewhat lonely with my contribution, “A Year of Living Dangerously:  The Management of the Financial Crisis in 2008.”

In the essay, I argue that U.S. financial authorities took some serious missteps that worsened the crisis. Chief among them was the decision to lend to Bear Stearns in mid-March to facilitate its resolution. This was a bad precedent that left a large footprint. I take this as a cautionary tale about government intervention.

Andrei Shleifer and Robert Vishny (professors, respectively, at Harvard University and the University of Chicago Booth School) give a clear explanation of their earlier work on “fire sales.” The term was used often in 2008 and refers to the possibility that troubled firms’ sales of financial assets would drive down asset prices and exacerbate balance-sheet strains. And, indeed, the Shleifer-Vishny framework implies government intervention can sometimes be justified.

They make the case of that possibility very forcefully. But what I find most fascinating is the main metaphor of the entire discussion. Shleifer and Vishny explain that the expression “fire sale has been around since the nineteenth century to describe firms selling smoke-damaged merchandise at cut-rate prices in the aftermath of a fire”  (p. 30).

This prompts me to make three observations.

First, as any insurance agent can relate, most of the monetary damage from a fire comes from the water used to put it out. How a crisis is handled matters.

Second, how much does the low price of a smoke-damaged good owe to its forced sale and how much to the fact that it is damaged? In a crisis, this inference is critical to determining whether the government is helping an illiquid or an insolvent firm. In retrospect, the authorities were too optimistic in 2008 about the underlying value of mortgage-related assets. Three years later, the national unemployment rate is 9 percent, house prices are about 25 percent lower on average, and one-fifth of household mortgage holders have obligations of higher cost than their home’s value.

Third: after the fact, a fire marshal can usually trace the origin and propagation of the event. The forces shaping the contours of a crisis are harder to discern. As with a fire, the response of the authorities matter. Unlike a fire, there can be a self-fulfilling aspect in a crisis, partly as the consequence, as Justice Holmes related, of “shouting fire in a theater and causing a panic.” The understandable efforts of financial authorities to convince a recalcitrant Congress of the need to act, first on the government-sponsored enterprises in the summer and then on the Troubled Asset Relief Program in the fall, probably heightened public anxiety and contributed to the deterioration in confidence.

2008 was a year of living dangerously for financial authorities. The pity is that we have yet to learn all of the appropriate lessons.

Image by Wikimedia Commons.

Vincent Reinhart

Stressed Out in Europe

By Vincent Reinhart

July 23, 2010, 11:24 am

piggy-bank-spilling1The focus of financial markets is squarely upon stress tests for almost 100 European banks. European politicians and financial authorities are already predicting that the results will be judged a success.

They are right that this is an important signal. It shows once again that a key American export (at least in the official sector) is hypocrisy. Of course, the test will be a success. That follows from the design of the exercise, patterned as it was after the U.S. one completed one year ago. Understanding the intentional limitations of the test, and why the private and official sector will oversell the results, helps to recognize the unresolved threat to the global economy.

Continue reading this post.

Image by swimparallel.

stacks-of-paperThe Senate’s passage of the Dodd-Frank financial reform bill is an event too discouraging to comment upon at length. What does it suggest we have learned as a nation from the past few years of financial turmoil?

•    The failure of regulation requires more regulation.
•    Multiple layers of official oversight would be made more effective if made more numerous.
•    The financial system—in all the Byzantine complexity that thwarted official examination, market discipline, and effective internal controls—should be made more complex.

The consequences of this legislation for the financial landscape and economic efficiency will take years to play out, but there is an immediate implication that has been overlooked. I am not a lawyer, nor do I play one on television. But I do wonder if President Obama will appreciate the precedent set when he signs the bill into law. In particular, nestled in the 2,315 pages of the Dodd-Frank text is section 1042, which holds that “the attorney general (or the equivalent thereof) of any State may bring a civil action … to enforce provisions of this title, and to secure remedies under provisions of this title.” The logic presumably is that state resources can extend the reach of federal intent.

A drawback, of course, is that it is usually viewed as more appropriate if federal officials enforce federal law. To rely on state authority risks differential interpretation of the statute and unequal treatment across the states.

If this argument sounds familiar, it should. The Obama Justice Department is suing the State of Arizona precisely because its immigration law mixes federal and state responsibilities and thereby risks unequal treatment across the states.

Will the president be implicitly endorsing the Arizona approach when he signs Dodd-Frank into law? Not intentionally. More likely he will be following that more compelling governing principle of convenience. Extending the reach of big government with state resources is viewed as appropriate for policies the administration prefers and inappropriate for those it dislikes.

For a fascinating case history of the problems of state enforcement of federal regulation, read Dan Okrent’s Last Call: The Rise and Fall of Prohibition. The Volstead Act, which enforced the Eighteenth Amendment prohibition of the sale of alcohol, mixed a cocktail of federal and state authorities.

Image by digitizedchaos.

alangreenspanThe Federal Reserve’s policy setting group, the Federal Open Market Committee (FOMC), provides a documentary record of their deliberations in the form of lightly edited transcripts that are released with a five-year lag. The latest installment, all transcripts from 2004, was released last week. The transcripts are a goldmine for historians and serious analysts of monetary policy. Unfortunately, it is also possible to cobble together a controversy from more than a thousand pages of text that few people will consult directly.

As a case in point, Ryan Grim, in the Huffington Post, misuses the March 2004 transcript to huff that “Greenspan Wanted Housing-Bubble Dissent Kept Secret.” It is a charge that Paul Krugman repeated uncritically, presumably because he wanted it so much to be true. The problem is that it is wrong.

I should know, as Federal Reserve Chairman Alan Greenspan’s comment was in response to a briefing I had just given on an inside-baseball topic. The FOMC had been considering moving up when to release its minutes, which are a ten- to fifteen-page summary of the discussion at the meeting. Up to then, the minutes were released after the next regularly scheduled FOMC meeting. Staff had run an experiment to see if the minutes could be prepared quickly to be released sooner—before the next meeting. (The issue was not in the drafting, but rather in incorporating comments and a final approval from policy makers with hectic schedules.) In a short briefing, I asked a narrow question whether the FOMC’s discussion of such transparency issues at the prior meeting should be included in that meeting’s minutes. (In the event, the FOMC was transparent about transparency and also did expedite the release of the minutes.)

My remarks sparked a general observation from Chairman Greenspan on limits to transparency. Specifically, he said, “We run the risk, by laying out the pros and cons of a particular argument, of inducing people to join in on the debate, and in this regard it is possible to lose control of a process that only we fully understand.”

For those not familiar in parsing his prose, Greenspan was noting that letting the world know that top Fed officials were considering an issue would draw attention to that issue, which might sometimes be uncomfortable. This is a debatable proposition, to be sure, but not one that sounds conspiratorial.

That is, unless you have the imagination of Ryan Grim, who linked this obviously general discussion of the timing of the release of the minutes to the specific mention of housing prices 45 pages (and four hours in real time) earlier. To do so, Grim also had to elevate a mention about real-estate speculation by the president of the Federal Reserve Bank of Atlanta, Jack Guynn, into Cassandra’s warning. That comment, by the way, came in the same set of remarks in which Guynn noted a little later on that the price of steel fence posts had doubled.

The transcripts are a great resource. For example, in testimony last summer, I suggested that they be used to test Fed officials’ long-running assertion that bank supervision helps to inform monetary policy decisions. In the event, you will not find much mention of banking information in the transcripts for 2004, which, after the fact, was probably the inflection point for the bubble. Unfortunately, misuse of this resource will only breed caution about additional transparency among policy makers.

don_kohnSo, it had to happen one day. Donald L. Kohn, vice chairman of the Federal Reserve Board of Governors, announced his intention to retire in late June. Don had worked his way up through the staff ranks to his current position, only the third person to do so in Fed history.

With 40 years of experience in central banking, no one comes close to understanding the Fed as well as Don. (I spent 20 of those years working for him in one capacity or another.) As a colleague remarked on Don’s appointment to the board in 2002, “He not only knows where the bodies are buried, he buried some of them himself.” That understanding of the intricacies of an intricate organization has made him an important ally for Chairman Ben Bernanke and a voice listened to carefully at Federal Open Market Committee meetings.

When first giving advice and then voting on monetary policy, Don has always been deeply respectful of the Fed’s dual mandate of fostering price stability and maximum employment. The best explanation he gave of that was that the Fed had to remember that the long run was a succession of short runs. Economic slack in the near term did have to be weighted against the speed of the pursuit of price stability.

He will be missed. The most apt description of Don I ever heard was that he was the lead rod in the reactor pile of monetary policy. Pulling it out risks the process going critical. Making it otherwise is the job of President Obama and his economic advisers now that there are three open slots on the Board of Governors. The Senate will also have to be watchful of confirming people with terms that stretch as long as 14 years.

Vincent Reinhart

Bernanke’s False Dichotomy

By Vincent Reinhart

February 26, 2010, 3:53 pm

In hearings at the House and Senate this week, Federal Reserve Chairman Ben Bernanke showed two rare outbursts of passion (at least as judged by the stoic standard of central bankers). Rep. Ron Paul strung together a conspiracy theory that put Fed funding at the center of the Watergate scandal and the invasion of Iraq. A puzzled Bernanke stung the Texas congressman by calling that allegation “absolutely bizarre.”

More of substance, Bernanke told Senator Richard Shelby that “stripping the Federal Reserve of supervisory authorities in the light of the recent crisis would be a grave mistake.” The crux of his argument was that the financial crisis highlighted the need for an encompassing view of risk taking, one that the Fed already had. His summary was, “It’s hard for me to understand why in the face of a crisis that was so complex and covered so many markets and institutions, you would want to take out of the regulatory system the one institution that has the full breadth and range of those skills to address those issues.”

Sounds persuasive. But, on closer examination, it is not logical. A favorite Fed tactic in defending its turf is to resort to what rhetoricians call a false dichotomy or invalid binary choice. The chairman gave Senator Shelby the alternatives of either letting the Fed retain its supervisory powers OR having the critical responsibility of overseeing the financial system as a whole left undone. In fact, there are many other possibilities, including, as the Senate Banking Committee is considering, consolidating supervision in a single agency. Rather than debate the merits of the full range of options, Bernanke framed the issue in a way that gave only one plausible answer.

The lack of a full discussion of the issue is a shame, but Bernanke’s binary beguilement seems to be working. Political pundits place a high probability on the Fed retaining its existing supervisory powers and even getting additional ones.

ben_bernanke_foto_oficialCongratulations are in order to Federal Reserve Chairman Ben Bernanke on his confirmation this afternoon by the Senate on a vote of 70 yeas and 30 nays. Unfortunately for him, commiserations are also in order because he has to lead an institution that is currently held in low esteem by the public and will almost surely see some of its independence eroded by a hostile Congress.

The tally of 30 votes in opposition sets a new record of negativity for a chairman’s confirmation, but it will do nothing to influence Bernake’s place in Fed history. After all, the prior record holder is Paul Volcker, whose reputation is secure.

The confirmation controversy was never about the person but rather about the institution. It was Bernanke’s misfortune that the calendar page on his term turned as unemployment holds at 10 percent and public outrage about the unfairness of protecting big financial firms is swelling. The Fed chairman was a fellow traveler in those ill-designed rescues, which were often opaque as well as unfair, but the blame should be spread across several institutions and actors.

A short list of Bernanke’s coming challenges is to hold off pressures for a premature exit from Fed accommodation, to use the new tool of interest on reserves to tighten the stance of policy when the appropriate time comes, and help to shape change in the Fed’s powers.

Change is inevitable. Hostility toward the Fed is too great among the voting public for the Congress to end the year without delivering legislation that reshapes and delimits its powers. The Fed would be best served if Bernanke dropped his defensiveness about the current structure of the institution. Repeating rote justifications for preserving all the Fed’s powers will only alienate those on Capitol Hill. Rather, the newly reconfirmed chairman should open a dialogue to protect the Fed’s core responsibility of monetary policy and make the structure of supervision and regulation across the government more efficient.

Today’s hearings of the House Committee on Government Oversight and Reform on the bailout of the insurance giant American International Group (AIG) were good political theater by Washington standards. Committee members poked and prodded Treasury Secretary Timothy Geithner only a little less harshly than Michael Vick treated his dogs. There was evident displeasure at two aspects of the handling of the rescue, a drama that began in September 2008.

First, government officials did not use the leverage provided by having deep pockets in dealing with AIG’s counterparties, who were paid 100 cents on the dollar. For some, this amounted to a back-door rescue of AIG’s creditors, including Goldman Sachs. Second, officials, particularly those at the Federal Reserve, were said to be insufficiently forthcoming in revealing their actions. Indeed, email traffic from the Federal Reserve Bank of New York (which was headed by Geithner during the initial stages of the rescue) could be interpreted as encouraging AIG’s management to withhold material information in their disclosures.

There are, no doubt, issues to investigate and, mostly likely, blame to assign. None of our elected representatives, however, pointed fingers at themselves today. The same trinity of financial officials (Geithner, Ben Bernanke, and Hank Paulson) operated in the same manner six months earlier in their “rescue” of the mid-sized investment bank, Bear Stearns. (At the time, I referred to those actions as “the worst policy mistake in a generation.”) In that March 2008 precedent, officials presented a stark dichotomy in which aid would have to be given to the firm or there would be financial Armageddon, the bailout was designed to protect creditors, not equity holders or taxpayers, and after the fact officials were hazy about important details. Indeed, the Fed has still not provided a full public airing of the transaction.

Implicit in the Bear Stearns bailout was the view that a quick deal was better than a good one and that preserving the existing order of powerful and well-connected creditor firms was in the public interest. It is little wonder that those same public officials would want to limit public scrutiny of such a Faustian bargain.

This bad behavior was tolerated, even lauded, by most politicians at the time. Why should they be surprised that those same officials followed the same playbook six months later?

I recently wrote a heavily sarcastic piece for The American on the Federal Reserve’s initiative to police compensation practices at financial institutions. Some readers probably wondered if I was fair in suggesting that the Fed was imperious in inferring such powers and that I was worried about the precedent. They should read the article that appeared in Bloomberg the day after my piece, explaining that the “Fed Summons CEOs of 28 Top U.S. Banks to Meet With Supervisors.”

According to the article, the Fed called this hurry-up meeting of top executives to send “a message that it wants the pay reviews taken seriously.” Apparently, if you are a big banker, it is an offer that you cannot refuse. The Fed is right that compensation practices are central to the risk gearing of financial institutions. But assuming a responsibility to be the nation’s compensation cop sets a bad precedent and rushes into an area where elected officials have thus far feared to tread.

A very public test of market participants’ acceptance of the ongoing large federal budget deficits takes place this week. The U.S. Treasury will sell $75 billion of coupon securities in its quarterly debt refunding. This represents the largest Treasury refunding ever and involves the auction of three- and ten-year notes and thirty-year bonds. Those securities are the Treasury’s benchmark coupon issues, and how their auctions are received often sets the tone in fixed-income markets.

The Treasury refunding involves paying off or rolling over U.S. securities as they mature and issuing new debt. The chart below shows the trend in issuance (blue line) and the impact on increasing or paying down (red bars) the total debt level. The resurgence of Treasury debt beginning early this year arises from the massive deficits associated with the drop-off in revenue given the weakness in the economy, the pickup in spending driven by the stimulus package, and the on-budget cost of rescuing financial firms.

But unfolding budget developments are not all cyclical. The Office of Management and Budget forecasts that the budget deficit will average 22 percent of nominal GDP from 2010 to 2019. Deficits that large relative to income have not been seen since the end of World War II. Those far-off projections matter for the refunding prospects because the Treasury will be selling some securities that will not mature until 2039. That is, investors are being asked to buy securities knowing that there will be huge additions to the amounts outstanding in coming years.

f1-refund

The United States is the world’s largest debtor, increasingly dependent on the kindness of strangers, particularly foreign governments, to finance its obligations. Since 2000, the share of Treasury securities held by foreign governments has almost doubled.

f2-foreign-official

I testified this morning before the Senate Banking Committee’s hearing on “Establishing a Framework for Systemic Risk Regulation,” along with my AEI colleague Allan Meltzer. Observing the exercise of democracy up close and personal is always interesting, and this exercise was especially relevant because the White House only just put forward specific legislation. The administration wants to create a regulatory oversight council and give the Federal Reserve special powers to deal with institutions that pose significant risk.

Three observations stand out. First, the senators were almost universally underwhelmed by the specific legislation proposal from the administration, highlighted by a mistrust of giving the Fed new powers. There were general concerns about vesting too much authority in one entity and about the Fed’s performance in particular.

Second, bail-out fatigue has set in. The senators appeared frustrated that more financial institutions were too big to fail. Over the past year, the determination that more institutions were too big to fail involved the commitment of significant government resources. It has also enmeshed politicians in a debate on intricate issues such as executive cooperation and the governance role of boards of directors.

Third, elected officials appeared almost extremely unaware of their own role in the financial crisis. Only at the 2½ hour point did Senator Mel Martinez mention the government sponsored enterprises, Fannie Mae and Freddie Mac. This was jarring on a morning in which a report appeared that the aid to Fannie and Freddie could top $200 billion. Nor was there much recognition that the complexities of the regulatory structure, tax code, and accounting rules made supervision much more difficult and blunted market discipline. I addressed this issue in my testimony, which will be posted to my AEI page.

In testimony this morning, Treasury Secretary Timothy Geithner signaled the need for more transparency in the market for over the counter (OTC) financial derivatives. “This lack of visibility magnified contagion as the crisis intensified,” said Geithner. Geithner’s solution, laid out in an administration white paper, included placing the responsibility for systemic regulation at the Federal Reserve. But if the Treasury doesn’t trust the Fed on lending, proposing that the Fed be required to seek Treasury’s approval for future use of emergency powers, why does it trust it as the financial stability supervisor?

BTW: I’ll be discussing this at length today on the Fox Business Network at 2:25 pm.

We as a society are in the process of settling on an explanation of what caused the turmoil in markets and distress to the economy, as I describe in my recent article for The American. The stakes are high, because that explanation will shape the path of legislation and regulation for many years to come. If we decide on a black-and-white morality play of greed, faulty oversight, and precipitous deregulation, then political leaders will impose more layers of regulation and limits on choice.

A more appropriate and nuanced narrative, I argue, would point out that government policy worsened our predicament. Washington subsidized housing finance. Multiple agencies purporting to police finance left regulatory gaps that encouraged firms to become complex and less resilient. And at times of market peril last year, the officials managing the crisis response acted inconsistently and inflamed fears. In the telling of the tale, the greater the blame apportioned to policy missteps, the more likely it is that the legislative and regulatory response will rely on markets and individual choice.

No better example of the ongoing competition to get the high ground in writing the narrative can be found than in the shifting public commentary about former Fed Chairman Alan Greenspan. In some circles, Greenspan’s reputation went from maestro to mud in a New York minute. Why? Alan Greenspan has championed free markets and individual choice for many years. If his view that markets provide the most effective discipline is wrong, then there would seem to be a need for greater regulation.

Or is there? Another possibility, and one to keep in mind in writing the narrative of the crisis, is that the complexity of regulation led financial companies to become more complex. That is, our masters of finance tailored their balance sheets and marketable instruments to take advantage of every conceivable arbitrage in our patchwork of inconsistent regulation. In doing so, they made themselves ungovernable. As a result, their employees became free agents and maximized their own bonuses. In this story, large complex financial institutions did not exercise market discipline because they could not discipline themselves. And the regulatory alternative is to simplify, simplify, and simplify.

Greenspan will have an opportunity to give his version of events and his vision of the future in a keynote address at AEI on addressing systemic risk. I worked with Alan Greenspan for almost two decades and have admired him for longer, so I can confidently predict that nuance will not be in short supply.


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