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With a brand new proposal, Republican presidential candidate Jon Huntsman is the only GOP 2012er to have moved beyond “repeal Dodd Frank” (which sounds like a return to the status quo) and fashioned a serious and comprehensive — and bold — financial reform plan. He’s for repealing Dodd Frank, of course, but also a) reducing bank leverage by axing the deduction for interest payments and b) shutting down Fannie and Freddie.

But eliminating “too big to fail” is really the core of what he’s trying to do. As Team Huntsman correctly notes, the six largest U.S. financial institutions are significantly bigger than they were before the financial crisis. These banks now have assets worth over 66 percent of gross domestic product—at least $9.4 trillion, up from 20 percent of GDP in the 1990s. And the major banks’ too-big-to-fail status gives them a huge advantage in bor­rowing over their competitors. This funding subsidy amounts to at least 25 basis points and perhaps as much as 50 basis points. Indeed, that edge is proof TBTF still exists.

We need banks that are small and simple enough to fail, not financial public utilities. Hedge funds and private equity funds go out of business all the time when they make big mistakes, to the notice of few, because they are not too big to fail. There is no reason why banks cannot live with the same reality.

Here’s how Huntsman wants to kill TBTF and break the crisis-bailout-crisis-bailout cycle:

 1. Set a hard cap on bank size based on assets as a percentage of GDP. (This cap would be on total bank size, not using any of the illusory “risk-weights” currently central to thinking about bank accounting. The lowest risk assets for banks in Europe, supposedly, are sovereign debt—yet this very same debt is now at the heart of the current crisis.

2. We should have a similar cap on leverage—total borrowing—by any individual bank, relative to GDP.

3. Explore reforms now being considered by the U.K. to make the unwinding of its biggest banks less risky for the broader economy.

4. Impose a fee on banks whose size exceeds a certain percentage of GDP to cover the cost they would impose on taxpayers in a bailout, thus eliminating the implicit subsidy of their too-big-to-fail status. The fee would incentivize the major banks to slim themselves down; failure to do so would result in increasing the fee until the banks are systemically safe. Any fees collected would be used to reduce taxes for the broader non-financial corporate sector.

5. In addition, focus on establishing an FDIC insurance premium that better reflects the riskiness of banks’ portfolios. This would provide an incentive for banks to scale down, allowing the financial system to absorb them organically in the event of a collapse.

6. Strengthen capital requirements, moving far beyond what is envisaged in the current Basel Accord. The Accord is a mixture of regulatory oversight and political compromise. As a result, the U.S. has allowed its banking policy to be determined by the “least common denominator” among European and Asian countries, many with a long history of not being prudent.

About the only things not in there are a) a Tobin tax on trading, b) reinstating of Glass Steagall and c) what to do if banks still get in trouble (debt-equity swaps, good bank/bad bank). The stuff on capital requirements is great, and using a bank tax to cut taxes on non-bank firms is quite interesting. (It also avoids the creation of a bailout slush fund that Congress could raid.) Reforming the financial system is low-hanging fruit that Republicans have been reluctant to pick. Huntsman just did.

The wonderful Political Math blog lays out an intriguing proposition (excerpts):

There seems to be a very loose relationship between what the protesters say they want and their method of protesting. Giving this some thought, I think there is an civil disobedience action the Occupiers can take that would make a great deal more sense. And that is occupying foreclosures. Hear me out here… I’m not the most sympathetic toward the Occupy movement, but occupying foreclosures has the following benefits:

2. The action is directly related to the financial sector (although they would quickly discover that Fannie Mae and Freddie Mac are bigger culprits than Goldman Sachs).

3.  It would be genuinely disruptive to the financial sector. Don’t fool yourselves, sleeping in a park is more disruptive to a bagel shop than to a hedge fund manager.

5. They could actually get arrested for peaceful civil disobedience (trespassing) rather than for jaywalking or public indecency.

6. Good optics if they keep the houses clean & leave when they are sold.

9. They can attach themselves closely to the individual stories of woe within the local community.

10. If banks decided it would be better to sell foreclosures for a loss rather than risk an occupation, it might move inventory, actually help solve one of the problems.

11. Filter out the antagonistic element from Occupy. I suspect anarchists are less interested in playing house with a half dozen people than with running down the streets smashing windows.

Those last two points are key. First, my experience with OWS is that the anarchist-to-signal ratio is awfully bad. Frankly, if you separate out the anarchists, mentally unbalanced, homeless, and hipsters, there might not be much of a movement left — certainly not many protesters who would want the unglamorous task of occupying a house and keeping it up.

Second, we need to speed up foreclosures so the market can clear. As Cato’s Mark Calabria notes:

The massive shadow inventory of homes yet to hit the market, numbering in the millions, is keeping potential buyers on the sidelines. Why buy now when a future massive increase in supply will likely depress prices more? It is best to get that supply to the market now. We also, by my estimate, have about 500,000 borrowers still in their homes that have not made a single payment in over 2 years. These borrowers will likely never get current.

I think this analysis from ZeroHedge nicely sums up the utter mess of Europe right now:

It took Europe two days to go from fixed to fully broken all over again. Those curious why they are waking up to a see of red, Italian 10 Year yields back over 7%, stock futures tumbling, the EUR/$ sliding, Italian, French and Belgian CDS at fresh records, and a record scramble for Bund short-dated bonds (2 Year under 0.030%) is due to two main things: a failed Spanish auction now that contagion is back to sleepy Iberia, which sold €3.2 billion of bills, below the €3.5 billion target, with the yield soaring to 5.02% from 3.61% at Oct. auction leading to Spanish 2-, 10-yr yield spreads to Germany both significantly wider to records. The second main factor is the realization that Mario Monti is not the second coming and will in fact face major resistance to form a government. B … And if Monti can’t do it, nobody can. Which explains why the fulcrum European security, the Italian 10 year BTPs, just fell off a cliff, and is now yielding back over 7% at a euro price of under 85 cents. This could well be crunch time: there are no more magic rabbits in the hat, or deus ex prime minister resignations in the hat for Italy.

The red circle on the above chart is where the ECB  started buying, knocking yields back down… solving nothing. Again, here is why Italian bond yields are important (via IHS Global):

Although rising bond yields will not affect Italy’s current debt structure as most of the public debt is held under fixed interest rates, it will be an increasing burden on the economy with Italy facing a prolonged period of heavy financing needs as its public debt ratio peaks at just over 120 percent of GDP. Given that the average yield on current government debt stands at 4.125 percent, bond yields higher than 7 percent would present a significant jump in the cost of rolling over sovereign debt in the next few years.

I couldn’t agree more with this guy quoted by Reuters:

“The danger is — and the markets are keenly aware of this — that this crisis, like most, turn on a dime and can blow up very, very quickly,” said Oliver Pursche, president of Gary Goldberg Financial Services in Suffern, New York.

The Republican presidential candidates spent a good deal of time — finally — at last night’s CNBC debate talking about America’s housing depression. They were asked about a half dozen questions, eliciting some fairly lengthy answers, though all were pretty much the same. Mitt Romney hit on the all the major points:

1. Create more demand. “The best thing you can do for housing is to get the economy going, get people working again, seeing incomes, instead of going down, incomes coming up so people can afford to buy homes.”

2. Let prices find a bottom, ASAP. “What we know won’t work is what this president has done, which is to try and hold off the foreclosure process, the normal market process.”

 3. No government help for homeowners. “… to have the federal government go out and buy all the homes in America? That’s not going to happen in this country.”

4. Government caused the housing crisis. ”The federal government came in with Fannie Mae and Freddie Mac, and Barney Frank and Chris Dodd told banks they had to give loans to people who couldn’t afford to pay them back.”

Oh, and special mention to Ron Paul for doing his best Andrew Mellon impression and embracing 8 million more foreclosures:

No, you have to let it — you have to let it liquidate. … So, yes, you want to liquidate the debt. … If you don’t liquidate this and clear the market, believe me, you’re going to perpetuate this for a decade or two more, and that is very, very dangerous.

Team CNBC really needed to explore with the candidates how the moribund housing market is sand in the economy’s gears: Falling homes prices and underwater homes hurt consumer spending, make labor markets more rigid since people can’t move to take a new jobs, and prevent budding entrepreneurs from using home equity to finance start-ups. While the Tea Party GOP isn’t going to support cutting checks, again maybe something like this from economist Luigi Zingales:

We envision a reform of the bankruptcy code that, in areas where house prices have dropped precipitously, would require lenders to give homeowners the option of resetting their mortgages to the current value of their houses. In exchange, the lenders would get 50 percent of the houses’ future appreciation. To keep homeowners honest—that is, to prevent them from doing minimal upkeep in the knowledge that they stood to gain less from a home-price increase—the capital gain would be measured based on an average of houses selling in the area, rather than on the change in the value of the actual house.

For me, this was the best bit of the Republican debates by far:

BLOOMBERG’S GOLDMAN: Governor Romney, it’s 2013, and the European debt crisis has worsened. Countries are defaulting. Europe’s largest banks are on the verge of bankruptcy. Contagion has spread to the U.S. And the global financial system is on the brink. What would you do differently than what President Bush, Henry Paulson, and Ben Bernanke did in 2008?

ROMNEY:  Clearly, if you think the entire financial system is going to collapse, you take action to keep that from happening. … But I can tell you this—I’m not interested in bailing out individual institutions that have wealthy people that want to make sure that their shares are worth something. I am interested in making sure that we preserve our financial system, our currency, the banks across the entire country. …  There is no question but that the action of President Bush and that Secretary Paulson took was designed to keep not just a collapse of individual banking institutions, but to keep the entire currency of the country worth something and to keep all the banks from closing, and to make sure we didn’t all lose our jobs. My experience tells me that we were on the precipice, and we could have had a complete meltdown of our entire financial system, wiping out all the savings of the American people. So action had to be taken.

Mitt Romney and the other GOPers might get a similar question tonight given what’s happening in EU credit markets. I wonder if Romney, if he gets a second bite at the apple, might suggest a plan created by his economic adviser Glenn Hubbard of Columbia, as well as Hal Scott of Harvard and Luigi Zingales of the University of Chicago. If not, he should.

Here are basics (via the WSJ): It is basically a version of the good bank/bad bank—also incorporating a debt-equity swap—solution run by the FDIC. The Bad Bank would assume all the troubled assets and long-term debt, and would also received a loan from the Good Bank. The Good Bank would have all the remaining assets, as well as insured deposits and  FDIC-guaranteed short-term debt as liabilities. After the split, the good bank could be cut loose from FDIC receivership. Long-term debtholders would get equity in the Good Bank, old shareholders would get equity in the Bad Bank.

The debate version of that plan: “I would have the FDIC take over the failed bank, fire the top execs, split it in two and put the healthy half back on the market ASAP.”

Fannie and Freddie’s affordable housing goals (authorized by the ironically named Federal Housing Enterprises Financial Safety and Soundness Act—the GSE Act—and enforced by HUD) were responsible for many distortions of the housing finance market. One of the most significant was that Fannie and Freddie (the GSEs) were required to compete with FHA and subprime lenders for loans that qualified under one or more of the affordable housing goals. The GSEs’ competition with FHA started in 1993 and by the mid-1990s had expanded to subprime. This competition combined with the National Homeownership Strategy required the GSEs (and the market generally) to progressively reduce down-payment requirements. By the early 2000s zero down loans had become commonplace across all market segments including subprime and Alt-A.

The GSE Acts also set low capital standards for Fannie and Freddie. These allowed them to operate at extraordinary leverage levels (for example: 220:1 on their MBS guarantee business).

The resulting high levels of leverage greased the slippery slope of declining standards and fueled the housing boom. It is now five years after home prices started declining and we have yet to deal with excessive leverage.

Michael Cembalest, Chief Investment Officer of JPMorgan, wrote an article that makes use of research from my Government Housing Policies in the Lead-up to the Financial Crisis: A Forensic Study relating to diminishing down payments and Fannie’s competition with FHA.

Do you think this month’s stock market rebound means Americans can stop worrying about the EU debt crisis? (One big bank estimates a full-on financial crisis over there could send U.S. unemployment to 12 percent.)

If so, I have some terrible news for you. AEI’s Desmond Lachman makes the case that the terrifying case that Euro Crisis is actually intensifying:

1. The Greek economy now appears to be in virtual freefall as indicated by a 12 percent contraction in real GDP over the past two years and an increase in the unemployment rate to over 15 percent. This makes a substantial write down of Greece’s US$450 billion sovereign debt highly probable within the next few months. Such a default would constitute the largest sovereign debt default on record.

2. Contagion from the Greek debt crisis is affecting not simply the smaller economies of Ireland and Portugal, which too have solvency problems. It is now also impacting Italy and Spain, Europe’s third and fourth largest economies, respectively. This poses a real threat to the Euro’s survival in its present form.

3. The Euro-zone debt crisis is having a material impact on the European banking system. This is being reflected in an approximate halving in European bank share prices and an increase in European banks’ funding costs. French banks in particular are having trouble funding themselves in the wholesale bank market.

4. There are very clear indications of an appreciable slowing in German and French economic growth. It is all too likely that the overall European economy could soon be tipped into a meaningful economic recession should there be a worsening in Europe’s banking crisis. A worsening in the growth prospects of Europe’s core countries reduces the chances that the countries in the European periphery can grow themselves out of their present debt crisis.

5.  The IMF now acknowledges that Greece’s economic and budget performance has been very much worse than anticipated and that the Greek economy is basically insolvent. The IMF estimates that Greece’s public debt to GDP ratio will rise to at least 180 percent or to a level that is clearly unsustainable. The IMF is proposing that the European banks accept a 50-60 cent on the dollar write-down on their Greek sovereign debt holding. This would have a material impact on the European banks’ capital reserve positions.

6. The European Central Bank (ECB) is correctly warning that a hard Greek default would have a devastating effect on the Greek banking system, which has very large holdings of Greek sovereign debt. This could necessitate the imposition of capital controls or the nationalization of the Greek banking system. The ECB is also rightly fearful that a Greek default will soon trigger similar debt defaults in Portugal and Ireland since depositors in those countries might take fright following a Greek default. This has to be a matter of major concern since the combined sovereign debt of Greece, Portugal, and Ireland is around US$1 trillion.

7. Since July 2011, the Italian and Spanish bond markets have been under substantial market pressure. This has necessitated more than EUR 75 billion in ECB purchases of these countries’ bonds in the secondary market. An intensification of contagion to Italy and Spain would pose an existential threat to the Euro in its present form given that the combined public debt of these two countries currently around US$4 trillion.

8.  While to a large degree European policymakers are right in portraying Italy and Spain as innocent bystanders to the Greek debt crisis, Italy and Spain both have pronounced economic vulnerabilities. Italy’s public debt to GDP is presently at an uncomfortably high 120 percent, while it suffers from both very sclerotic economic growth and a dysfunctional political system. For its part, Spain is presently saddled with a net external debt of around 100 percent of GDP, it still has a sizeable external current account deficit, and it is still in the process of adjusting to the bursting of a housing market bubble that was a multiple the size of that in the United States.

9. Sovereign debt defaults in the European periphery would have a major impact on the balance sheet position of the European banking system. The IMF estimates that the European banks are presently undercapitalized by around EUR200 billion, while some private estimates consider that the banks are undercapitalized by more than EUR300 billion. It is of concern to the European economic outlook that there are already signs of the European banks selling assets and constraining their lending to improve their capital ratios.

They keep doing it. Yesterday, the Obama administration offered a new plan for easing the housing crisis—a modification of the previously unsuccessful HARP program that would permit more underwater homeowners to apply for refinancing of their mortgages so that they could take advantage of the lower interest rates.

Apparently, the White House talking points said that this would make lower cost mortgages available to four million homeowners (a number used by Housing Secretary Sean Donovan). This would reduce monthly mortgage costs by an average of $250 dollars, and produce a total reduction of $12 billion annually.

Even if it actually worked for all those homeowners, $12 billion in savings is not going to revive the housing market—although of course it would be wonderful relief for those underwater homeowners who have acted responsibly to meet their mortgage obligations month after month.

But while many media reports duly followed the White House talking points (NPR somehow managed to report this morning that the saving would be $50 billion, and suggested that it would be like a tax cut of that size), a few things must have been left out.

—The program only applies to those mortgages that are held or guaranteed by Fannie Mae and Freddie Mac—probably 800,000 mortgages, according to their regulator, the Federal Housing Finance Agency. This means that the total saving for these homeowners would be $2.4 billion annually.

—If the interest on these mortgages is reduced, the losses will be taken in part by Fannie and Freddie, meaning that the taxpayers will pick them up.

—If the losses are taken by the holders of securities guaranteed by Fannie and Freddie, the losses will be taken by the investors in these securities, and this new government intervention will mean that it will be harder to sell Fannie and Freddie securities to investors in the future.

—Finally, the vast majority of the holders of these Fannie and Freddie securities are banks and S&Ls, which are already weak because they suffered vast losses on mortgages and mortgage-backed securities they held in the past. Reducing their revenues further at this point will of course reduce the funds they have to lend to businesses, thus keeping unemployment high.

The remarkable thing about all of this is that the administration keeps doing the same thing—adopting programs to “fix the housing market” that are far too puny to have any significant effect overall, but advertising them as game changers.

Beyond the political fumbling, the administration’s continuing intervention in the housing economy is also counterproductive. This program, if everyone eligible applies and gets the promised relief, might free up $2.4 billion to go—hopefully—to retailers. But it will also reduce the earnings of banks by some substantial portion of this number, and the rest will be further liabilities for the taxpayers.

These results were not in the White House talking points, and the compliant media that reported the story based on the talking points will then be surprised in the future when the economy in general—and the housing economy in particular—remains flat on its back.

When it comes to housing, conservative economist Martin Feldstein is a man with a plan. A $350 billion plan:

 If the bank or other mortgage holder agrees, the value of the mortgage would be reduced to 110 percent of the home value, with the government absorbing half of the cost of the reduction and the bank absorbing the other half. For the millions of underwater mortgages that are held by Fannie Mae and Freddie Mac, the government would just be paying itself. And in exchange for this reduction in principal, the borrower would have to accept that the new mortgage had full recourse—in other words, the government could go after the borrower’s other assets if he defaulted on the home. This would all be voluntary.

Certainly this would be far more expansive and expensive than what President Obama is proposing today. But would it be a good idea? The folks at e21 have a number of criticisms: a) it assumes the economy needs more consumption and less savings; b) to the extent, if any, that oversaving is a problem right now, the Fed should lower the interest it pays on banks holding deposits at the Fed, which would encourage the circulation of those deposits in the real economy; c) the price effects of foreclosure are relatively small and local in nature; d) it would take a massive—and unfair—amount of principal reduction to prevent foreclosures; d) debt relief would actually hurt economic mobility by keeping people in these underwater homes.

And e21′s preferred approach is … I’m not quite sure. But this bit gives a hint: “It’s time to wean the American economy off of a government-bloated housing sector, rather than doubling down on the reason we’re in a mess in the first place.” That to me sounds like we need to speed up the foreclosure process and get people out of homes they really can’t afford. Move from weak hands to strong hands. But that’s not everybody underwater is it? I would like a closer look at the Zingales Housing Plan:

We advocate a legal reform that would allow homeowners to reduce principal while giving mortgage holders an equity interest. Such a plan would give homeowners an incentive to keep or resell their homes, thus reducing the market value loss of homes while protecting the effective value of creditors’ interests. Two further elements of the plan are that it uses prices based on the average house price in a particular ZIP code; and it is automated.

President Barack Obama’s latest proposal to help struggling homeowners—to be followed soon by a student debt initiative—isn’t likely to be much more successful than previous efforts. An analysis by MF Global’s Washington Research Group estimates the plan to make it easier for homeowners to refinance their mortgages will target just “600,000 to 1 million more refinancings of underwater borrowers. … For those who get HARP refinancings, this offers economic help. But we don’t see how this turbo charges the economy.”

If that analysis is accurate, this housing relief effort by the Obama White House won’t accomplish more than previous attempts. Back in early 2009, Obama promised to help “as many as three to four million homeowners to modify the terms of their mortgages to avoid foreclosure.” But just 816,000 homeowners have received permanent mortgage modification through federal housing programs.

That’s small potatoes. Tiny potatoes, really. According to CoreLogic, some 11 million, or nearly a quarter, of all residential properties are in negative equity. Another 2.4 million have less than five percent equity. More than 4 million mortgages are at least 90 days delinquent or in some stage of foreclosure, with another 3.4 million mortgages likely on their way during the next year, according to some analysts.

Sure, any little bits helps. But it’s hard not to conclude that this meager plan is little more than an effort in political theater, a campaign-season sop to worried middle-class voters and the Occupy Wall Street movement. Given the small scope of the housing plan, it’s likely that the student loan piece will be little more than a recycling of previous proposals. All in all, just enough to garner positive headlines but not so much as to scare taxpayers or bankers. Obama wants to be seen as compassionate yet fiscally responsible. A little bit OWS, a little bit Tea Party.

Economists, however, do have some ideas that might help. One comes from Columbia University’s Christopher Mayer, which would allow every—more or less—current homeowner with a GSE mortgage to refinance to a new mortgage with a 4.2 percent rate or less. Mayer estimates mortgage payments would fall by about $70 billion for 25 million borrowers (vs. Obama’s 600,000), or nearly $3,000 in average savings.

But some people just can’t afford their underwater homes, even with lower rates. In those cases, foreclosures, ASAP, are the answer. Or at least more of an answer than what Obama is offering.

Some interesting stuff from a McKinsey interview with economist Kenneth Rogoff on the current economic troubles America faces. In the book This Time Is Different: Eight Centuries of Financial Folly, he and fellow economist Carmen Reinhart explained how recessions linked to a severe financial crisis produce impacts that are deep and long lasting. In this chunk, he explains the nature of economies that are cutting debt:

It’s not easy, because a postfinancial-crisis recession is characterized by an overhang of private and public debt that is much more severe than it is after a normal recession. There are many mortgages still under water—perhaps 25 percent—and people are more cautious about extending their borrowing than they were before 2007. That leads to slower consumption growth. Businesses in turn invest more slowly.

In 2008, policy makers placed too much confidence in the Keynesian idea that you can jump-start the economy with a big temporary stimulus and then step back and watch the private sector take over. Of course, Reinhart and I argued otherwise, based on the results of a seven-year research project, and our results certainly were acknowledged by practitioners, academics, and policy makers. Nevertheless, most policy makers and markets still insisted, “Well, yes, maybe that is how things always were in the past, but this time it’s different because the policy response was so aggressive.” In fact, the policy response is always very aggressive. Every country does everything it can to claw its way back from a deep financial crisis.

So, unfortunately, there is no easy out. Perhaps the best chance would be to find a way to get ahead of the mortgage defaults—that is, to have restructurings and debt forgiveness, albeit with some kind of quid pro quo. That is very hard to do. But if there were a way to write down and forgive some of the mortgage debt, that would be money well spent. In ten years, we will probably end up forgiving a big chunk of it. As Carmen has noted, this is a little like Third World debt that was carried on the books forever, even though it was a joke.

Rogoff also seems to worry more about the size of Wall Street’s political power than its market capitalization or balance sheets:

I think financial innovation has been overly blamed for everything. Financial-sector lobbying is another matter—regulators of the financial sector lost sight of the risks. .. I believe that size is overrated as the issue. There is this view that if we can just break up the big banks into smaller ones, we won’t have a problem. But if you look at systemic crises, usually a lot of banks are doing the same thing. So if we take one big bank and break it up into ten smaller banks that act similarly, I’m not sure how much we really would have bought ourselves. The incentives that would make a big bank go whole hog in one direction would probably make ten smaller banks do the same thing.

Andrew Biggs

Who invests in hedge funds?

By Andrew Biggs

October 20, 2011, 7:48 am

The Occupy Wall Street movement has gone from fringe to mainstream. Not only has President Obama endorsed some of the Occupiers’ rhetoric, labor unions are supporting OWS with both money and manpower, sending their members to New York and elsewhere around the country to support the “99 percent” of Americans who apparently labor under the yoke of Wall Street profiteers. (If interested, you can sign up here courtesy of the Service Employees International Union.)

But I think unions need to go further. As with any good boycott, you can’t just target the producers—you need to convince their customers that hedge fund managers aren’t pulling their weight in society. But who is it that invests their money with these blood-suckers?

As it turns out, according to the investment research firm Prequin, the largest single investor in hedge funds is public employee pensions; that is, retirement plans that benefit many of the very people who currently are protesting against them. Public pensions hold 16 percent of all hedge fund assets, with private sector pensions—many of which serve heavily unionized industries—holding 14 percent. Oh, sweet irony.

Moreover, rather than turning against hedge funds, public pensions have almost doubled their hedge fund holdings over the past three years.

Ok, but maybe it’s not the employees’ choice to invest in hedge funds. After all, it’s pension boards—not employees themselves or their unions—that decide what investments to hold. But according to the Public Plans Database, current or retired public employees make up the majority of most public pension boards. Public employees and their unions know very well what they are investing in, and why. And while I may think that paying a hedge fund 2 percent of assets and 20 percent of profits (or more) is excessive, apparently public employees believe they are getting their money’s worth.

And that’s the point: It’s their money to spend and they get to decide whether the fund manager is delivering returns to the fund that are worth what he charges. If not, there are plenty of other managers—and even passive index funds—that charge far less. But public pensions have decided that hedge funds are worth it. They get paid a lot of money because they create a lot of money. In simple terms, public employees have decided that hedge fund managers have earned what they are paid.

Earlier this month, Treasury Secretary Timothy Geithner warned the Senate Banking Committee that a full-blown EU financial crisis would be bad for America. Really bad. Here’s Geithner:

Europe is so large and so closely integrated with the U.S. and world economies that a severe crisis in Europe could cause significant damage by undermining confidence and weakening demand.

Now Barclays Capital has put some details into that forecast. And they are not pretty:

Our baseline forecast assumes that policymakers will prevent the turmoil in Europe from leading to a full-blown financial crisis similar to 2008 and that US policymakers will not impose excessive fiscal tightening starting in 2012. If, by contrast, either of these risks is realized, the potential for another recession will increase substantially. We use the Fed’s stress scenario under the Comprehensive Capital Analysis and Review (CCAR) as an alternative scenario to our baseline, but ratchet up the intensity modestly and analyze its effect on the outlook for house prices.

1) Our modelling suggests that in a recession scenario, house prices, as measured by the CoreLogic headline index, could decline another 7% in 2012 . … The scenario posits declining real GDP for four consecutive quarters, with Q2 12 having the deepest decline at 6% (q/q saar).

2) Real disposable personal income also declines for four consecutive quarters, albeit with a one-quarter lag relative to the decline in GDP, and the unemployment rate moves  persistently higher, peaking at 12.1% by the end of our forecast horizon.  …

3) Furthermore, the rising unemployment rate suggests that delinquencies would push shadow inventory higher, putting downward pressure on distressed home prices. Together, the two effects send home prices significantly lower in 2012.

 

It’s been my pet peeve that the GOP debates have focused so little on banking and housing, the core crises of the Great Recession — and two problems that are still with us. Not only is housing still mired in a depression, falling banks stocks and risk of contagion from the EU debt crisis are giving a pungent whiff of 2008-2009.

So I was glad to see Republican presidential candidate Jon Huntsman write a smart WSJ op-ed on financial reform. He points out how Dodd-Frank has egregiously failed to fix Too Big To Fail:

More than three years after the crisis and the accompanying bailouts, the six largest American financial institutions are significantly bigger than they were before the crisis, having been encouraged to snap up Bear Stearns and other competitors at bargain prices. These banks now have assets worth over 66% of gross domestic product—at least $9.4 trillion, up from 20% of GDP in the 1990s. There is no evidence that institutions of this size add sufficient value to offset the systemic risk they pose.

The major banks’ too-big-to-fail status gives them a comparative advantage in borrowing over their competitors thanks to the federal bailout backstop. This funding subsidy amounts to roughly 50 basis points, or one-half of a percentage point in today’s market.

Huntsman offers a couple of fixes: a) a bank fee that would kick in when size exceeds a certain percentage of  GDP, b) eliminating the deduction for interest payments that gives a preference to debt over equity.

My take: I think the reality is that if multiple banks got into trouble again or the financial system was seizing up, Uncle Sam would again start cutting checks and offering guarantees. So the goal should be to prevent that day from arriving. I think Huntsman is absolutely right about ending the preference for debt over equity. And I think making banks compensate taxpayers for a potential bailout has some merit. I also think Huntsman and the other GOP 2012ers should ring up Luigi Zingales of the University of Chicago, who advocates using a market-based trigger to initiate a bank debt for equity swap in case of another financial crisis.

America can literally not afford another financial crisis, since the last one doubled our debt-to-GDP ratio. Hopefully Huntsman’s ideas will spark a needed debate among the White House contenders.

 

President Barack Obama has now, unfortunately, embraced the anti-capitalist, anti-markets Occupy Wall Street (OWS) movement as a way of continuing to occupy the Oval Office for another term.

At the Martin Luther King Memorial dedication, Obama said King would “want us to challenge the excesses of Wall Street without demonizing those who work there.” (Like, you know, the secretaries, IT guys … and wealthy potential campaign contributors.) Also over the weekend, senior Obama adviser David Plouffe said critiquing big banks will be “one of the central elements of the campaign next year.” And in a conference call with reporters, Obama spokesman Josh Earnest adopted the phraseology of the OWS rabble, saying the president would make sure “the interests of the 99 percent of Americans are well-represented” on his upcoming three-day bus trip through Virginia and North Carolina.

To many Republicans and conservatives, Obama the Class Warrior is now front and center. It’s this incarnation that they’ve been warning Americans actually resides beneath the president’s centrist, technocratic exterior—the guy who told Joe the Plumber that he wanted to “spread the wealth around,” the left-wing professor who said it was “theoretically” O.K. for the Supreme Court to redistribute wealth. Let Obama really be Obama, and this is what you get.

Yet here’s what’s weird: Despite Obama’s attacks on Wall Street and the wealthy, his policies have been pro-big bank. The Obama administration favored the TARP bailout. It rejected the idea of an FDIC-like takeover of troubled banks in early 2009. It supported letting banks keep assets on their books at inflated values. It rejected calls for a financial transaction tax. It dismissed calls to break up big banks, reinstate Glass Steagall, or place hard caps on their size. No wonder a major bank lobbyist told me in 2010 that he had “no problem with Timmy [Geithner.]”

Or Geithner’s boss, really, other than the tough rhetoric. Financial reform is the law of the land, but Too Big To Fail still exists as evidenced by the funding advantages big banks have over small banks. (Lenders are betting Uncle Sam is still ready to catch them if they fall.)

Going after banks may be smart politics. But there’s a danger that Obama’s election-season, populist flip is undercutting public support for both free-market, entrepreneurial capitalism and real reform of America’s financial sector. Obama campaign guru David Axelrod told ABC News that he thinks “there’s this question about what [Mitt Romney's] core principles are.”

Maybe he should wonder the same about his own guy, too.

Throughout the GOP presidential debate season, I’ve been waiting for a question on the EU debt crisis. So thank you Bloomberg’s Juliana Goldman:

Governor Romney, it’s 2013, and the European debt crisis has worsened. Countries are defaulting. Europe’s largest banks are on the verge of bankruptcy. Contagion has spread to the U.S. And the global financial system is on the brink. What would you do differently than what President Bush, Henry Paulson, and Ben Bernanke did in 2008?

This topic would seem to be right in Mitt Romney’s wheelhouse. But he seemed uncomfortable with it, first dismissing the query as a “hypothetical … that’s obviously very difficult to imagine.” Maybe difficult for Romney, but not so difficult for global investors who’ve been focused on just such scenarios for months. But when Romney got around to actually answering, he more or less said that he would do another TARP and inject capital into the banks just like Team Bush did:

Clearly, if you think the entire financial system is going to collapse, you take action to keep that from happening. But I can tell you this—I’m not interested in bailing out individual institutions that have wealthy people that want to make sure that their shares are worth something. I am interested in making sure that we preserve our financial system, our currency, the banks across the entire country.

That’s not the answer many Republican voters want to hear, which is probably why Romney was reluctant to give it. Not only are bailouts unpopular, Romney’s defense makes it seem like he’s a rich banker defending banks, not a venture capitalist who helped entrepreneurs. So why not, if you’re Romney, spell out what could and should be done to avoid a future round of bailouts and eliminate the Too Big To Fail problem?

If Romney wants to repeal most though not all of Dodd-Frank, what does he want to replace it with exactly? There are ideas out there, such as splitting troubled institutions into good banks and bad banks (endorsed by Romney economic adviser Glenn Hubbard) or, as economist Luigi Zingales has proposed, “introducing a new form of bankruptcy for banks, where derivative contracts are kept in place and the long term debt is swapped into equity.” Clearly neither answer is as populist friendly as “let ‘em fail.” But both are reasonable and more market-friendly alternatives to another TARP, which might not pass Congress anyway.

The regulation that would implement the so-called “Volcker Rule” contained no surprises. It has all the deficiencies of the original Dodd-Frank language, which would prohibit “banking entities” from engaging in proprietary trading. A “banking entity” is any company under the control of a firm that also controls a bank—in other words, a bank holding company (BHC). Thus, although the supporters of Dodd-Frank and the ban on prop trading assert that banks should not be using depositors’ FDIC-insured funds to engage in risky trading activities, they fail to mention that BHCs and their nonbank subsidiaries have no access to depositors’ funds. The only funds they use are those they earn, raise in the form of equity, or borrow. Since regulations make it very onerous to borrow from a bank that any BHC controls, that is seldom done. And when it is done, it has to be at arms’ length rates and collateralized, usually with U.S. government securities.

So the Dodd-Frank provision is simply another example of the act’s intent to exact penalties from U.S. banks for (allegedly) “causing the financial crisis.”

Ironically, however, short-sighted legislation and regulation like this will be responsible for the next banking crisis, because it will deprive BHCs of another perfectly legitimate source of profits and thus weaken their ability to support their subsidiary banks with additional capital. More important, by limiting the permissible range of activities for BHCs, it restricts their ability to diversify, and thus weakens them for the future.

This lack of diversification is apparent when one looks at the increasing concentration of banks and bank holding company lending to the real estate business. This is particularly perilous because commercial and residential real estate is notoriously volatile, and the concentration of lending in these areas will make banking organizations vulnerable to a crisis whenever there is trouble in the real estate business—historically an all-too-frequent occurrence.

In 2008, before the financial crisis, more than 55 percent of bank lending was to real estate or real estate-related activities—up from less than 25 percent in 1964. This dangerous concentration in real estate lending is the result of a change in the nature of the financial markets since 1965. At that time, banks had a robust business in lending to corporations of all kinds, but the growth of the securities markets made it possible for corporations to finance themselves through public offerings—not only through long-term bonds but also medium-term notes and short-term commercial paper.

Left alone, banking organizations would have had the flexibility to respond to this change, but they were confined by laws and regulations. Not until 1999, when Congress modified the Glass-Steagall Act to permit bank holding companies to control securities dealers, were bank holding companies (but not banks themselves) able to engage fully in the securities business. The Dodd-Frank Act now takes back most of that flexibility and consigns banking organizations to lending—but only to those firms, like real estate developers, that cannot easily raise their funds in the securities markets.

In this, the destructive policies of Dodd-Frank Act, of which the Volcker Rule is just one more example, have planted the seeds of a banking crisis in the future.

Phil Angelides’s recent op-ed in the Washington Post contained one true statement: “the winners get to write history.” So the Democrats, who won control of Congress in 2008, got to appoint Angelides to write the history of the financial crisis that they wanted. In his “history”—written as the chairman of the Financial Crisis Inquiry Commission—the contributions of Fannie Mae and Freddie Mac to the financial crisis were “only marginal,” and Fannie and Freddie followed Wall Street into subprime lending.

He almost got away with it. By limiting the pages available for dissent in the widely circulated commercial version of his commission’s report and ignoring the contrary evidence that only made it into my full dissent, he had succeeded in slipping by any serious challenge.

Then came Reckless Endangerment, a new book on the financial crisis by New York Times business writer Gretchen Morgenson and financial analyst Josh Rosner. In the book, they show that far from being “only marginal” to the financial crisis, the Democratic political operative Jim Johnson turned Fannie Mae into a political machine that created and exploited the government housing policies that were central to the financial crisis and led the way for Wall Street. Indeed in my dissent I show that of the 27 million subprime and other weak mortgages outstanding before the financial crisis struck, more than two-thirds were on the books of government agencies or entities controlled by the government. Less than one-third were attributable to the private sector. The big problem with the Big Lie technique in a free society is that someone, somewhere ultimately gets curious.

Angelides also forgot to mention that the winners also write legislation, and the folks who appointed him to write their history also got to write the Dodd-Frank Act. In fact, the legislation was named after Chris Dodd and Barney Frank, the very legislators who are identified in Reckless Endangerment as the principal congressional protectors of Fannie Mae and the government housing policies it implemented. By odd coincidence, the legislation they wrote—before the Angelides report was even published—was based on the very ideas that Angelides set out in the report. According to this narrative, the financial industry and not the government was responsible for the crisis, so Fannie and Freddie and government policies were left untouched. Instead, the financial industry was now to be controlled by the most comprehensive set of regulatory laws since the New Deal. The result has been much like the New Deal itself—a seemingly interminable period of deep recession and incurable unemployment.

Let’s hope that the next election does for government regulatory policies what Reckless Endangerment did to Angelides’s false narrative.

President Obama’s newly created Consumer Financial Protection Bureau (CFPB) has unveiled its first major initiative: streamlined mortgage disclosure forms that simplify loan terms for home buyers and enable easier shopping around.

Simplified mortgage disclosures have previously faced opposition from a variety of industry groups while winning praise from consumer groups. This effort may be a new government initiative, but it’s not a new idea.

Back in June 2007, AEI’s Alex Pollock recommended the one-page disclosure form that would in essence allow borrowers to “underwrite themselves” and have full comprehension of the basic risks involved in taking out a home loan.

Wrote Pollock:

A good mortgage lender wants a borrower who understands how the loan will work and what the financial commitments of the loan agreement are. Current American mortgage loan documents certainly do not achieve this. Most borrowers are overwhelmed and befuddled by the huge stack of documents full of confusing language in small print presented to them for signature.

To achieve an informed and understanding borrower, the key information must be simply stated and clear: 90% of the relevant information which is understandable is far better than 100% which is complex and confusing – the latter results in effectively zero information transfer to the borrower.

Pollock expanded upon this in November 2007 testimony to Michigan’s Senate banking committee:

Should lenders be able to make risky loans to people with poor credit records, if they want to? Yes, provided they tell borrowers the truth about what the loan obligation involves in a straightforward, clear way.

A market economy based on voluntary exchange and contracts requires that the parties understand the contracts they are entering into. A good mortgage finance system requires that the borrowers understand how the loan will work and how much of their income it will demand.

Nothing is more clear than that the current American mortgage system does not achieve this.

Congrats to the CFPB for taking a concrete step toward putting transparency first in the mortgage morass.

American discussions of housing finance give a shining religious aura to 30-year fixed rate mortgages (FRMs). They provide the last refuge of the defenders of Fannie Mae and Freddie Mac, who argue that we have to have government guarantees so we can have 30-year FRMs. First, this argument is not true; and second, the 30-year FRM is not the unmitigated blessing the Fannie and Freddie loyalists imply. Indeed, one of the key reasons U.S. mortgage markets are in such bad shape today is precisely the 30-year FRM.

No instrument is universally good in all times and all economic situations. Let us consider not only the advantages, but also the dark side of the 30-year FRM. For borrowers of 30-year FRMs, the advantageous situation is when interest rates are rising and house prices are rising. Then the borrowers have the same mortgage payments in spite of rising interest rates, and they get to keep the whole inflationary premium in the house price. This is the bright side.

But suppose interest rates fall to very low levels, and house prices are also falling. Needless to say, this is the reality of the last few years, and it brings out the dark side. Then the borrowers often cannot refinance because of the fall in house prices, so they are stuck with what is now a very high nominal and even higher real interest rate, and their payments stay the same in spite of falling interest rates. The entire deflationary discount in the house price is imposed on them. Defaults rise; house prices are pushed further down.

In this situation, it becomes quite difficult to modify the 30-year FRMs which cannot be refinanced, as the many government modification programs have demonstrated. In contrast, a floating rate mortgage, say of the typical British variety, does not need to be modified: the interest rate automatically falls with market rates. This relieves the cash payment burden on the borrowers and shares the deflationary discount with the lenders.

Of course, American mortgage borrowers and lenders did not expect house price deflation and interest rates near zero, but they got them anyway, in large part because they believed in house price inflation. No loan is the best for all seasons.

Image by Chris Short.

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.

For critics of the American economy, high-interest consumer credit cards are easy targets. They are near-universal whipping boys for the religious Left, who tend to assume that these credit cards are unjust. Poor people paying 20 percent interest on credit-card debt? That looks like usury.

Combine that assessment with frustrating experiences with credit card companies that we’ve all experienced, and you see why the “2009 Credit CARD (Card Accountability Responsibility and Disclosure) Act” passed without a lot of fanfare.

But of course, such moral assessments often rely on untutored moral intuition uninformed by economic analysis. Todd Zywicki of George Mason University has actually gone to the trouble of studying the disreputable forms of finance available to low income Americans and has discovered—surprise, surprise—that the Credit CARD Act has perverse unintended effects on many poor Americans.

Continue reading this post.

Microfinance: India’s Subprime Crisis?

By Rohan Poojara

December 1, 2010, 8:27 am

The Indian government announced recently that it would introduce a parliamentary bill to regulate microfinance institutions (MFIs) after the state government of Andhra Pradesh accused MFIs of inducing suicides among borrowers through coercive debt-collection measures. As with any high-profile story, there are two sides to the doom and gloom scenario for the Indian economy being presented in the media, and there are some valuable lessons for the small but budding U.S. microfinance sector.

First, some good news: India does not face a U.S. subprime mortgage-like systemic crisis, and its banking system is healthy. While banks are the primary source of funds for MFIs, the sector accounts for less than 1 percent of the Indian banking industry’s outstanding loan book. In fact, per estimates of the Microfinance Institutions Network:

Total microfinance loans in India today are about $6.5 billion. If banks lend 80 percent of that, their exposure would be $5.2 billion. That’s only 0.7 percent of banks’ $707 billion total outstanding loans today.

Continue reading this post.

The National Economic Council released a report today (“Jobs and Economic Security for America’s Women”) “on the impact of the recession on women and how the Obama administration’s economic policies benefit American women. The report lays out the economic landscape facing women today and details some of the many ways the administration is committed to making sure the government is working for all Americans especially American women.”

And yet, measured by job losses and unemployment rates, it was men, not women, who suffered such a hugely disproportionate share of the economic hardship of the last recession—such that it is now frequently referred to as the “Great Mancession.” In a statement last June to a House Ways and Means Subcommittee based on my report “The Great Mancession of 2008-2009,” I testified that “there has probably never been a previous recession in U.S. history where the negative effects of unemployment and job losses fell so disproportionately on one gender.”

Despite some slight narrowing recently in the gender differences for jobless rates and job losses, the Great Mancession is far from over. For example, the first chart below displays monthly employment levels by gender back to 2002, and the shaded area highlights the job picture from December 2007 (the start of the recession) through September 2010. As of last month, total U.S. employment is still 6.78 million jobs below the level when the recession started. Of those jobs lost, 4.66 million, or 68.7 percent of the total, were jobs held by men, and 2.12 million were jobs lost by women, or 31.3 percent of all jobs lost. In other words, for every 100 jobs lost by women since the start of the recession in late 2007, men have lost an astonishing 219 jobs.

Surprisingly though, we are told in the report that President Obama “is committed to continuing to push for an economy that provides economic security and jobs for America’s women.”

jobreport11

jobreport21

The gender differences in unemployment rates during the “Great Mancession” tell a similar story of disproportionate economic hardship for men. In the bottom chart above, the monthly differences in jobless rates by gender are displayed back to 1948, and illustrate the unprecedented adverse effects on men in recent years. During the last three recessions (1981-1982, 1990-1991, and 2001), the male jobless rate also exceeded the female jobless rate, but only by about 1 percent on average at the peaks. In contrast, during the most recent recession, the “jobless rate gender gap” reached a historically unprecedented high (in either direction) of 2.7 percent in favor of women in August 2009 (11 percent male jobless rate vs. 8.3 percent female), and has decreased over the last year to 1.9 percent last month (10.5 percent for men vs. 8.6 percent for women). Even at 1.9 percent, the current jobless rate gap in favor of women is still about twice the maximum jobless rate gaps favoring female workers during the last three recessions, and indicates that the Great Mancession continues.

Bottom Line: The empirical evidence is clear and undeniable: men suffered much more than women during the Great Mancession and they continue to bear a disproportionate share of the job losses compared to women (by more than 2:1), and remain unemployed at jobless rates that are almost 2 percent higher than female workers. For the administration to release a report emphasizing economic security and jobs for only women, who fared so much better than men during the Great Mancession, and ignore the economic hardships still facing millions of male workers, seems extremely one-sided and misguided.

elizabeth-warrenElizabeth Warren’s appointment as the effective head of the new Consumer Financial Protection Bureau (CFPB) is all but certain. Last month, we explained why we consider Warren unfit to lead the agency, given her questionable and seemingly biased research methods. The recently passed Dodd-Frank Act, which established the CFPB, requires that the Senate must confirm the president’s nominee to lead the new agency. If President Obama nominated Warren, Senate confirmation hearings would provide an opportunity for rigorously examining her track record. However, it seems that Obama is now planning to sidestep the nomination procedure, exclude the Senate from the decision-making process, and set Warren up as a de facto head.

The confirmation process is intended to protect the integrity of political appointments by requiring that nominees answer for themselves under Senate scrutiny. This is not the first time Obama has taken matters into his own hands. In March, he stirred up controversy by making fifteen recess appointments. He again raised opponents’ ire with the recess appointment of Donald Berwick as administrator of the Centers for Medicare and Medicaid Services in July, as well as four others in August. However, this latest maneuver regarding Warren’s appointment has particularly troubling implications because of the nature of the agency she would lead. The Dodd-Frank Act created the CFPB with the aim of improving banks’ and financial institutions’ transparency and disclosure to consumers. Now it seems that the agency will begin in a manner that directly violates the principle upon which it was established.

Obama pledged fairness and transparency in government to voters during his campaign. If he circumvents the rules governing appointments to put Warren in charge of the CFPB, it will be a troubling way to begin an agency that is intended to ensure fairness and transparency for consumers. But what more fitting way of launching the leadership of someone we can expect to serve preset policy goals over the impartial protection of consumer interests?

Image by the Congressional Oversight Panel.


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