<http://www.huffingtonpost.com/robert-kuttner>Robert Kuttner

Co-Founder and Co-Editor of The American Prospect

Posted March 22, 2009 | 09:31 PM (EST) 

<http://www.huffingtonpost.com/robert-kuttner/geithners-last-stand_b_177850.html>Geithner's
 
Last Stand

The political and pundit classes have spent the past week expressing 
outrage over bonuses paid to AIG executives. In case you have been on 
Jupiter, this is the company that has received $183 billion from 
taxpayers to cover part of its gambling losses that helped crash the 
entire system.

The indignation over AIG will serve a useful purpose if it focuses 
public attention on the much larger issue -- the failure of the 
entire approach that Treasury Secretary Tim Geithner and White House 
economic czar Larry Summers are using to rescue the banking system.

It would be hard to find two administrations more different than Bush 
and Obama. Yet, when it comes to bailing out financial firms, 
Geithner's approach is a seamless continuation of his predecessor, 
Hank Paulson's. It makes you wonder who is the permanent government. 
Perhaps Wall Street?

Even the players are the same Goldman-Citigroup crowd. The well named 
Neel Kashkari, the Citigroup executive brought in by Paulson to run 
the TARP program, is still in place. Geithner's top assistant, Mark 
Patterson, is from Goldman. And most of the concepts are coming from 
the same Wall Street crew.

So far, the policy has been an abject failure. The latest idea is to 
use some of the remaining Treasury funds from the TARP program 
approved by Congress last October to anchor several trillion more in 
loans and loan guarantees by the Federal Reserve and FDIC. For weeks, 
Geithner has announced only vague principles of his next move.

Over the weekend, some details were released, and a full blown 
unveiling is expected any day. But at this writing, despite leaks 
from the Treasury to friendly reporters, the several agencies who 
need to be party to the plan are still in disagreement. And the 
unveiling may well be delayed again. Judging by the versions of the 
plan leaked 
<http://www.nytimes.com/2009/03/21/business/21bank.html?hp>to the New 
York Times 
and<http://online.wsj.com/article/SB123758981404500225.html> the Wall 
Street Journal for Saturday, and 
<http://www.washingtonpost.com/wp-dyn/content/article/2009/03/21/AR2009032102246_pf.html>the
 
Washington Post for Sunday. The plan seems to be changing daily.

In the latest version, the Treasury will put up between $75 to $100 
billion to leverage loans and loan guarantees from the Federal 
Reserve and the FDIC (down from earlier projections as high as $200 
billion.) The money will be used to entice a new round of speculative 
bets by hedge funds and private equity companies.

The FDIC is the newly drafted participant in this scheme and its 
leaders are said to be less than thrilled with its designated role. 
Compared to the Treasury, the FDIC has been a model of competence and 
transparency. The FDIC is coming before Congress to seek 
replenishment of its somewhat depleted insurance funds, and now 
Treasury is coveting that money to underwrite much of Geithner's 
latest scheme. But you can only safely insure so many risks with the 
same capital (shades of AIG!)

The scheme is described as a public-private partnership, but most of 
the real money is slated to come from public agencies. So why go to 
all this trouble to enlist private money, which will put up little of 
the capital and bear little of the risk?

Under one part of the plan, the FDIC will put up most of the money to 
create a new public corporation which will capitalize private funds 
to buy up sketchy loans. In the second part, hedge fund and private 
equity speculators will purchase older toxic bonds clogging bank 
balance sheets, which Treasury now calls by the delightful name, 
"legacy" assets. (Sorry, a legacy is a gold watch from Grandpa. This 
legacy is junk.) Under yet another part of the plan, hedge funds and 
private equity companies are expected to buy newly issued bonds from 
banks, so that banks resume normal lending.

An alarming aspect of the plan is that private investment companies 
will manage the process on behalf of the government, despite the fact 
that government is providing most of the capital and insuring most of 
the risk. Basically, the Treasury is colluding with private 
speculators to create off-balance sheet entities, to offer new 
windfall profit opportunities and disguise the true degree of risk. 
If this all sounds vaguely familiar, Geithner's Treasury, with no 
sense of irony, is offering a reprise of the several abusive and 
opaque gimmicks that produced this crisis, a tour that winds back 
down Memory Lane, from AIG to Enron.

Like everything else about the Paulson-Geithner approach, this latest 
twist is totally clubby and non-transparent. There is no objective 
process, and no public criteria. Congress is being kept in the dark. 
The Congressional Oversight Panel is being denied the documents it 
needs. (If you want to delve deeper, the 
<http://cop.senate.gov/hearings>Panel's reports are must-reading.)

The Treasury does not have the staff resources to do the job 
properly, so it hires private investment bankers. This recalls the 
era when J.P. Morgan and his financier pals mounted a private rescue 
to halt the bank panic of 1907. But Morgan was a purely private 
banker, and he was using his own bank's money. It this case, the 
Treasury is supposedly a public institution using taxpayer funds, yet 
behaving with all the transparency of Morgan.

Further, the problem that stopped Hank Paulson dead in his tracks 
last fall, when he gave up on trying to have the government purchase 
toxic assets, continues to stymie Geithner: how to price the assets. 
If the price that the hedge funds and private equity companies pay is 
too low, they make a financial killing with government guarantees. If 
it is too high, government will subsidize the loss. The idea that 
private speculators will divine the right price because this is "the 
market" speaking is delusional -- look what these markets have 
delivered so far. Either way, far too much power is being given to 
the least regulated and least transparent players in the financial 
game, and too much is being left to the caprices of speculators. 
Indeed, these are many of the same firms that took the other side of 
bets with outfits like AIG, whose gambles crashed the system.

In addition, this desperation use of private equity companies and 
hedge funds is compromising government's ability to regulate these 
shadowy players. As recently as late last week, Geithner was 
sweetening the terms of his deal, because not enough players were 
coming to the table. At the G-20 economic summit next week in London, 
the Obama administration and the Europeans are likely to be at 
loggerheads over whether to toughen regulation of hedge funds and 
private equity. But it's awfully hard to be a tough regulator when 
you are begging them to participate in your program.

It all adds up to the most expensive and risky way of trying to 
recapitalize banks, and the least likely to succeed. Instead of 
simplifying, it is adding complexity and leverage. In effect, 
Geithner is doubling down on the same kinds of speculations that 
crashed the system. This time, however, the government guarantees are 
explicitly negotiated in advance, rather than being cobbled together 
after the crash.

Since the administration knows that Congress is unlikely to 
appropriate another nickel for bank bailouts in the current climate, 
the Treasury is relying on the Federal Reserve as a largely 
unsupervised piggy bank, and drafting a reluctant FDIC as well. The 
Fed's operations are beyond the direct scrutiny of Congress. The 
problem is that even the Fed can go broke, or it must resort to 
creating money to avoid that fate. The Fed's own balance sheet has 
roughly doubled since last September to about $2 trillion. With the 
latest Geithner scheme, it will roughly double again. The Fed is 
known as a very conservative institution. But increasingly, it is 
holding the bag for the system's most dubious assets.

On Thursday of last week, the Fed surprised everyone by announcing a 
plan to purchase $300 billion of Treasury bonds, to keep down the 
government's borrowing costs. We have not seen this sort of 
intervention since World War II. The Fed has begun monetizing the 
public debt, a process that works for now, but one that could end in 
a far more severe form of the "stag-flation" that wracked the economy 
in the 1970s.

The main purpose of this entire strategy is to disguise the true 
depth of the hole in bank balance sheets and to prop up insolvent 
banks, not to repair the larger system. It has been largely designed 
by and for the same Wall Street players that created the crisis.

In the aftermath of the AIG debacle, the silver lining in this sorry 
mess is that the Geithner approach could well fall of its own weight. 
Not only are many inside the government skeptical. Financial markets 
are unlikely to be impressed. The press commentary is likely to be 
withering. And Congressional Democrats did not spare Geithner in 
their assault on the AIG bonuses, and are unlikely to be gentle in 
their appraisal of the plan when all the gory derails are finally 
released.

Which brings up the question: where in this affair is the president 
who hired Secretary Geithner and at whose pleasure the embattled 
treasury secretary serves? For the moment, President Obama is 
standing by his man, something he has to do until the moment that 
Obama decides to ease out Geithner, work around him, or fire him.

The problem, of course, is larger than Geithner. The entire Obama 
economic team is far too close to Wall Street and far too much a 
continuation of the Paulson approach. And though Geithner is primed 
to take the fall, the plan is the work of senior economic strategist 
Larry Summers as much as it is Geithner's.

The grave political and economic risk is that Obama continues to let 
Summers and Geithner lead him down the garden path; the 
industry-oriented mortgage rescue saves too few homeowners; housing 
remains in the doldrums and mortgage securities with it; the hedge 
funds and private equity companies make some money with government 
guarantees, but the banking system remains comatose; and Republicans 
increasingly become the instruments of public anger.

For the moment, the president is a prisoner of this thinking and 
these appointees. If this were merely The West Wing, it would be the 
stuff of terrific drama. But alas, it's reality; and we all will live 
with the consequences.

In a different possible scenario, however, Obama lets the financial 
and political marketplace test the Geithner plan for another week or 
two. Then, when its failure is palpable, Obama announces a 
dramatically different approach, either with or without a different 
treasury secretary.

If this movie were Bull Durham, the most plausible veteran that Obama 
could bring in to play Crash Davis to Geithner's Ebby Calvin LaLoosh 
would be Paul Volcker. The former Fed chairman is no fan of the 
Paulson-Geithner approach.

If Obama handed Volcker the ball, as some kind of senior counsel, 
they could drastically change the game plan without even having to 
fire Geithner. This would be the smoothest and least awkward way of 
changing course. Obama could simply say that we tried variants on the 
Paulson formula and it didn't work. Now it's time to try something 
else.

The alternative course, which is winning converts across the 
political spectrum, is a variant on the Reconstruction Finance 
Corporation of the Roosevelt era. With an R.F.C. temporarily taking 
over the insolvent banks, you wouldn't have to bribe hedge funds and 
private equity companies to speculate on toxic securities. Government 
would take over zombie banks and use government auditors to determine 
just how much new money was required to bring a vastly simplified 
financial system back to life. Shadow banks, loan securitization, and 
convoluted high-risk schemes would loom smaller, not larger. The 
process would have far greater simplicity and transparency. And it 
would be far more likely to get the banking system working again, 
more quickly and at less public expense.

Barack Obama is a president of great promise, reassurance, and 
political skill. In the next few weeks, we will learn how he performs 
in a crisis that is being worsened by his own appointees.

Robert Kuttner is co-editor of The American Prospect and a senior 
fellow at Demos. His latest book is Obama's Challenge: America's 
Economic Crisis and the Power of a Transformative Presidency."
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