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Wall Street Bailout, Congressional Cover-up, or Sarbanes-Oxley?
by
Steve Selengut
Every new controversy demands a look at similar situations of the
past. Just what is a bailout anyway? In the early 80's, Lee Iacocca
arranged a government loan and tax concessions to bring Chrysler
Corporation back from the brink of bankruptcy--- during the Carter
Administration, to save you a Google.
The economic domino effect of a major corporate death was clear, and
Congress acted wisely when it saved this American icon from
extinction--- the loans were repaid. But was it poor management or
shortsighted government that caused the problem. Politicians
massaged and empowered the labor unions, implemented minimum wage
legislation, and protected the steel industry from foreign
competition.
Similar financial problems existed throughout the automotive
industry and lower cost, better product was just starting to come
ashore. Bailout or fix-up? Voteless corporations were perfect
patsies then, and remain so today. But the average Joe's investment
in the success of these perennial scapegoats for bad government has
risen from zero dollars to all of our dollars. Every failure takes a
piece of your retirement program with it.
All employed John Q's are investors; all taxpayers are investors;
all Americans have a vested equity interest in the success of all
publicly traded corporations in our "regulated capitalism" economy.
Most politicians still can't connect the dots, and seem to be
formulating policy based on the latest consensus of public blogs.
It wasn't the financial institutions that decided to make mortgage
money available to practically anyone who wanted to own a home---
regulators permitted (encouraged) a relaxation of the qualification
requirements. In effect, they enabled the predatory lending
practices that misguided many first time homebuyers.
The easy-money lending practices, and sky rocketing housing prices,
brought speculators into the mix and home flipping became as popular
as Monday Night Football. Speculators accept the risks of loss; it's
what they do. But allowing the creation of high risk where none is
expected is unacceptable. The creative products developed by the
financial institutions must be examined more closely and labeled
more effectively.
Speculative bubbles always implode--- this time taking down
speculators and marginally qualified homebuyers alike. It's ever so
easy to blame the corporations, but who called off the regulators?
Brokerage Firms have entire divisions whose only job is to make sure
that nobody looks cross-eyed at any SEC regulation (real,
contemplated, or anticipated).
The SEC itself requires full disclosure from all registrants. The
interests of the customer are always placed first--- except of
course, as was the case with Collateralized Debt Obligations (CDOs),
when an act of Congress prohibits the SEC from having a look. Could
they have stemmed the tide? It doesn't matter. What matters is that
complicated products are reviewed more carefully in the future.
Fannie Mae and Freddie Mac have a similar tale not to tell. Congress
was closely involved in their charade as well, with conflicts of
interest that are certainly worthy of extensive investigations, but,
again, not now. Now we need to get this credit driven economy out of
the emergency room and back out there where it belongs, greasing the
wheels of all industries, growing jobs, and reaffirming the
strengths of our system.
This is not a situation where an innocent government is bailing out
an evil industry that has lost its credibility (the financial sector
deserves little credibility). This is an opportunity for Congress to
save and strengthen an economy that has suffered from a
government-initiated relaxation of lending rules, a
government-mandated ban on regulation of derivative products, and
accounting rules that just don't make sense for mortgage backed (or
any fixed income) securities.
Politically, using the financial institutions as a scapegoat is easy
and, judging from Internet polls, effective. John Q is furious, but
at only half of the problem causers, and for the wrong reasons. How
many of you have stopped making your mortgage payments just because
the market value of your home has fallen?
Less than 5% would be a fair estimate. Yet a much more significant
amount of the collective mortgage debt in the USA (not in any stage
of default) has been arbitrarily erased from institutional balance
sheets. Even within the "toxic" products the government would
purchase, 80% of the loans are solid and meeting their monthly
commitments. The cash flow from these products is more than adequate
to keep things moving, were it not for Sarbanes-Oxley.
Congress passed the Sarbanes-Oxley Act in 2002, placing some very
stringent, inappropriate, and inflexible reporting rules on
financial institutions. Under this law, financial assets must be
valued at fair market value--- even if they are not for sale! The
Working Capital Model eliminates this problem entirely, but it is
difficult to apply when the individual securities are not
identifiable.
More than 95% of Americans are making their mortgage payments right
on schedule, yet there is no market for the financial products that
contain these mortgages. Consequently, balance sheets reflect
trillions of dollars less than the maturity value of the securities
held by the financial institutions.
Eureka! Regulate the product creating mechanism better, so that the
productive value of the underlying assets is measurable. But, in the
meantime, suspend the Sarbanes-Oxley restrictions and re-evaluate
their applicability to packaged mortgage products in existence now.
Bonds, mortgages, preferred stocks, etc. are contracts that are
honored 99% of the time. They are held for the income they promise.
These promises are being met while the government tells holders that
they can't be booked at full value. Have they all gone mad?
This is no bailout of an industry, it's a transfusion of capital
needed to allow an industry to comply with legislation that just
doesn't make sense. And while the politicians posture and
pontificate, bluster and blame, banks are failing and irreparable
harm is being done to John Q's nest egg--- yours and mine!
Telling me that my house has dropped in market value does me no
harm, and I continue to make my monthly payments--- the lower (more
realistic) market value may reduce my carrying costs. Telling banks
that the mortgages they are collecting on need to be written down
because they can't be sold is lunacy.
Tell John Q more about the source of the problem, and different
heads will roll.
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Last modified:
January 01, 2010
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