September 19, 2008 / New York TIMES
High & Low Finance
Reckless? You're in Luck
By FLOYD NORRIS

Allow me to propose a simple principle that the next president and
Congress could follow as they devise a new financial regulatory regime
to replace the one that failed so badly:

If an activity is important enough to justify a government
nationalization to prevent a default, it is important enough to be
regulated. The regulators need to know what risks are being taken, and
by which institutions, in time to act before a crisis develops.

Had the government bothered to do that in years past, it might not
have faced the decisions it faced this week. First, it let one big
firm go down, and then it became scared enough to nationalize another
one to keep it afloat.

Now, showing no sign of embarrassment over how badly they failed
before, the current crop of regulators seem to be unified in their
determination not to let the markets force them to make a similar
choice on some other big financial institution.

The result is a campaign against those who bet that the financial
system was crumbling.

If the government is forced to decide whether to save another firm, it
will face the same question it faced with A.I.G. and Lehman Brothers.
Would this failure cause systemic damage to the financial system?

Lehman did not measure up because its chief executive, Richard S. Fuld
Jr., simply was not reckless enough as he ran Lehman into the ground.

Had he had the foresight to make a lot more bad bets in the
derivatives market, the government would have feared financial chaos
and might have nationalized Lehman, just as it nationalized A.I.G.,
Fannie Mae and Freddie Mac. Or it would have subsidized a takeover, as
it did for Bear Stearns.

The Paulson-Bernanke Doctrine is not "too big to fail." It is "too
reckless to fail." If you get your company into enough trouble to
threaten the financial system, Ben Bernanke, the Federal Reserve
chairman, and Henry Paulson, the Treasury secretary, won't let you
collapse.

It may be that they miscalculated. Lehman's default caused a money
market fund to suffer losses, and scared investors into pulling their
money from similar funds. If those funds cannot find buyers for their
assets, there could be more defaults, and perhaps more failures.

The Paulson-Bernanke Doctrine was born not of theory or ideology, but
instead from improvising as each new crisis erupted. The Fed's
briefing on the nationalization of A.I.G. did not start until 9:15
p.m. on Tuesday night, which is not a sign of carefully thought-out
decisions. When they met with Congressional leaders Thursday night to
seek a plan to get cash to banks before they fail, it was almost as
late.

If these nationalizations smack of socialism, it is closer to the
Marxism of Groucho than of Karl.

more at: http://www.nytimes.com/2008/09/19/business/19norris.html
-- 
Jim Devine / "Nobody told me there'd be days like these / Strange days
indeed -- most peculiar, mama." -- JL.
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