The headline below from today's New York Times is misleading. The latest
rescue plan for the banks doesn't "hint at nationalization". In effect, it's
the third attempt by the government to revive the system SHORT of
nationalizing it.

The first was Paulson's encouragement in late 2007 of the abortive Master
Liquidity Enhancement Conduit (MLEC) - a so-called "super-SIV" sponsored and
run by the major banks which would have seen them pool the bad assets from
their individual SIV's rather than take them back onto their balance sheets.
The second was the TARP which would have, as originally conceived, seen the
government buy up their junk assets directly. When this proved impossible to
implement, largely because of the complexity and opacity of the securities,
the government moved to shore up bank balance sheets through the purchase of
preferred stock.

But these capital injections have had the effect of diluting common
shareholders and scaring off private investors, the defence of whose
interests are, as we know, the state's primary concern. So rather than
continue to inject public money and to take an active controlling interest
in the industry, the Fed and Treasury appear to be moving to making the
banks "good" by segregating their toxic assets into "bad banks" - a scheme
similar to the 2007 MLEC, except it is the government rather than the banks
which will absorb the losses. The report notes that "the banks will be able
to free (themselves) from the need to set aside reserves for extra losses"
while their shareholders will be "protected from being wiped out by the
government".

Analysts are skeptical the latest torturous effort to evade nationalization
will work. “What we have is a weird, shadow nationalization", says one. “The
government does not want to and should not want to own banks. But if they
get forced into that situation, they should resolve that situation. Here,
what you have is a huge diversified financial services industry with
recognized losses and looming losses in every aspect of its operations.
There’s nothing straightforward about it.”

*    *    *

January 16, 2009
Rescue of Banks Hints at Nationalization
By EDMUND L. ANDREWS
New York Times

WASHINGTON — Last fall, as Federal Reserve and Treasury Department officials
rode to the rescue of one financial institution after another, they took
great pains to avoid doing anything that smacked of nationalizing banks.

They may no longer have that luxury. With two of the nation’s largest banks
buckling under yet another round of huge losses, the incoming administration
of Barack Obama and the Federal Reserve are suddenly dealing with banks that
are “too big to fail” and yet unable to function as the sinking economy
erodes their capital.

Particularly in the case of Citigroup, the losses have become so large that
they make it almost mathematically impossible for the government to inject
enough capital without taking a majority stake or at least squeezing out
existing shareholders.

And the new ground rules laid down by Mr. Obama’s top economic advisers for
the second half of the $700 billion bailout fund, as explained in a letter
submitted to Congress on Thursday, call for the government to play an
increasing role in the major activities of the banks, from the dividends
they pay to shareholders to the amount they can pay executives.

“We are down a path that this country has not seen since Andrew Jackson shut
down the Second National Bank of the United States,” said Gerard Cassidy, a
banking analyst at RBC Capital Markets. “We are going to go back to a time
when the government controlled the banking system.”

The approximately $120 billion aid package on Thursday for Bank of America —
including injections of capital and absorbed losses — as well as a $300
billion package in November for Citigroup both represented displays of
financial gymnastics aimed at providing capital without appearing to take
commanding equity stakes.

Treasury and Fed officials accomplished that trick by structuring the deals
like insurance programs for big bundles of the banks’ most toxic assets.

Instead of investing tens of billions of taxpayer dollars in exchange for
preferred shares in the banks, which has been the Treasury Department’s
approach so far with its capital infusions, the government essentially
liberated the banks from some of their most threatening assets.

The trouble with the new approach, analysts say, is that it is likely to
conceal the amount of risk that taxpayers are taking on. If the
government-guaranteed securities turn out to be worthless, the cost of the
insurance would be much higher than if the Treasury Department had simply
bailed out the banks with cash in the first place.

Christopher Whalen, a managing partner at Institutional Risk Analytics, said
the approach also covers up the underlying reality that the government is
already essentially the majority shareholder in Citigroup.

“There’s nobody else out there to invest in them,” Mr. Whalen said. “We
already own them.”

Ben S. Bernanke, chairman of the Federal Reserve Board, outlined the
elements of what could become the Obama administration’s new approach to
bank rescues in a speech on Monday.

Speaking to the London School of Economics, but addressing American
audiences as much as European ones, Mr. Bernanke warned that the federal
government had no choice but to put more money into banks and other
financial institutions if it had any hope of reviving the paralyzed credit
markets.

Known officially as the Troubled Asset Relief Program, or TARP, the rescue
program has infuriated lawmakers in both parties, who complain that Treasury
Secretary Henry M. Paulson Jr. has doled out money to banks without
demanding accountability in return. Mr. Obama and his top economic advisers
convinced enough lawmakers that shoring up the banks was essential to
preventing a broader financial collapse, and offered written assurances that
they would address the lawmakers’ biggest complaints.

But Mr. Bernanke proposed an array of alternative approaches to dealing with
the banks in the months ahead, and all of those options reflected a
fundamental shift from the original assumptions of the Bush administration.

Mr. Paulson had insisted that the government would be investing only in
healthy banks, some of which might take over sicker rivals. The Treasury
would invest taxpayer dollars in exchange for preferred shares, which would
pay a regular dividend and come with warrants that would allow the
government to profit from increases in company stock prices.

By contrast, Mr. Bernanke proposed various ways to fence off the troubled
assets, from nonperforming loans to mortgage-backed securities that
investors had stopped buying at almost any price.

Mr. Bernanke’s options included guarantees for bank assets, which was at the
heart of the rescue packages for Bank of America and Citigroup. Citigroup
received its rescue package in November, but it is expected to report
additional losses on Friday that could top $10 billion.

In both of those deals, the federal government set up a complicated
arrangement that would limit the banks’ losses on hundreds of billions of
dollars worth of their worst assets.

Citigroup’s deal in November covered $300 billion in assets. Citigroup
agreed to absorb the first $29 billion in losses. The Treasury agreed to
take a second round of losses up to $5 billion, and the Federal Deposit
Insurance Corporation agreed to take a third round of losses of up to $10
billion. The Federal Reserve then agreed to lend Citigroup money at low
interest rates for the value of the remaining assets.

As a second option, Mr. Bernanke and other Fed officials have proposed
putting a bank’s impaired assets into a separate new “bad bank.” The effect
would be much the same as providing a federal guarantee: the bank would be
able to free itself from the need to set aside reserves for extra losses.

Both the idea of a government “wrap” and a government-backed “bad bank” have
the virtue of protecting the bank’s common stockholders from being wiped out
by the government.

By contrast, the Bush administration’s original approach to recapitalizing
banks — injecting capital in exchange for preferred shares with warrants to
convert to common stock — had the effect of squeezing out the common shares.
That was because any losses would have to first wipe out common stockholders
before the bank could stop paying dividends on preferred shares.

“One of the problems with TARP has been a result of the government not
wanting to own the banks,” said Fred Cannon, chief equity strategist at
Keefe, Bruyette & Woods. “If you get losses, there is less common stock.
What we are hopefully moving toward, to the extent that the government
guarantees some of the assets, is a structure that protects common
shareholders and allows the company to go out and raise common shares
through the market.”

But a growing number of analysts warned that the approach may be too clever,
because it gives policy makers too many ways to conceal true problems at
banks and true risks to taxpayers.

“What we have is a weird, shadow nationalization,” said Karen Shaw Petrou,
managing partner at Federal Financial Analytics, a consulting firm in
Washington. “The government does not want to and should not want to own
banks. But if they get forced into that situation, they should resolve that
situation. Here, what you have is a huge diversified financial services
industry with recognized losses and looming losses in every aspect of its
operations. There’s nothing straightforward about it.”


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