NY Times
 
 
Telling Strength From  Weakness  
By _GRETCHEN MORGENSON_ 
(http://topics.nytimes.com/top/reference/timestopics/people/m/gretchen_morgenson/index.html?inline=nyt-per)
 
Published: April 28, 2012 

 
ARE the perils posed by too-big-to-fail banks a thing  of the past? 
 
That’s what we keep hearing from Washington.  Politicians who wrote the 
Dodd-Frank law insist that it eliminates the dangers  posed by large, 
politically connected financial institutions. At a news  conference last week, 
Ben S. 
Bernanke, the chairman of the _Federal  Reserve_ 
(http://topics.nytimes.com/top/reference/timestopics/organizations/f/federal_reserve_system/index.html?
inline=nyt-org) , said that higher capital and greater liquidity 
requirements for big  banks, combined with more watchful regulators, were 
making our 
financial giants  stronger and less likely to require taxpayer backstops.  
Outside the Beltway, however, it is hardly clear that  we’ve resolved this 
signal threat. Big banks are bigger than ever, and they  exert enormous 
power over regulators and lawmakers. Increasingly, smaller  institutions can’t 
compete.  
So it was refreshing last week to hear _Kevin M. Warsh_ 
(http://www.hoover.org/fellows/77701) , a former Fed  governor, speak candidly 
and critically 
about the government backing that  continues to support our largest banks. 
Equally refreshing were his  prescriptions for eliminating the too-big-to-fail 
problem.  
“We cannot have a durable, competitive, dynamic  banking system that 
facilitates economic growth if policy protects the  franchises of oligopolies 
atop 
the financial sector,” Mr. Warsh _told  an audience_ 
(http://www.law.stanford.edu/display/images/dynamic/events_media/WarshLawSchool.pdf)
  at the 
Stanford Law School on Wednesday night. “Those  ‘interconnected’ firms that 
find 
themselves dependent on implicit government  support do not serve our 
economy’s interest.”  
Mr. Warsh, who is a distinguished visiting fellow at  the Hoover 
Institution at Stanford and a lecturer at Stanford’s Graduate School  of 
Business, 
left government in 2011. His last position was at the Fed, where he  was a 
governor for five years. Given his front-row Fed seat during the financial  
crisis, his views on preventing a repeat of it carry some weight.  
Put simply, Mr. Warsh does not believe that higher  capital standards for 
banks and greater regulatory scrutiny will be enough to  prevent future 
taxpayer-financed bailouts. “At core, I’m worried that the  Dodd-Frank Act 
doubles down on regulators, gives up on markets and outsources  capital 
requirements to an international standards group in Basel, Switzerland,”  he 
said in 
an interview last week.  
Importantly, none of these responses have moved us  closer to “ridding the 
United States financial system of large, quasi-public  utilities atop the 
sector,” he said.  
Mr. Warsh does not prescribe breaking up giant  institutions. Rather, he 
says their disclosures must be subject to new and  ramped-up transparency 
requirements so investors can differentiate strength from  weakness.  
“The Federal Reserve’s most recent stress tests —  particularly the 
enhanced disclosure — are a step in the right direction,” he  told his Stanford 
audience. “Still, disclosure practices by the largest  financial firms remain 
lacking, and the periodic reporting overseen by the  Securities and 
Exchange Commission tends to obfuscate as much as inform.”  
Regulators must require clearer and more expansive  disclosures so that the 
financial statements and associated risks of large and  complex companies 
can be assessed, Mr. Warsh said. If investors had more  detailed information 
from these institutions, they would very likely sell their  shares and debt 
if they took too many risks. This would hold the managers of  these 
institutions accountable for reckless behavior by making them pay more to  fund 
their businesses.  
But this powerful market force is ineffectual in a  world where investors 
believe that the government will save faltering  institutions. “
Unfortunately, the Dodd-Frank Act has only reinforced the view  that big and 
troubled 
banks will receive special government assistance,” Mr.  Warsh said in his 
speech. “By sanctioning some list of too-big-to-fail firms —  and treating them 
different than the rest — policy makers are signaling to  markets that the 
government is vested in their survival.”  
Mr. Warsh also questions our nation’s participation in  the Basel 
negotiations regarding bank capital requirements. He pointed out that  many of 
the 
countries working alongside the United States on these rules back  their banks 
more explicitly than we do. Therefore, their approach to capital  standards 
is bound to vary greatly from ours.  
“My concern is that the negotiation, while well  intended, is between 
banking systems that at their core are fundamentally  different and aspire to 
fundamentally different things,” he said. “The largest  banks in Japan, 
Germany, for example, have long been akin to national champions.  Perhaps they 
reason that their banks need less capital than ours because their  sovereigns 
more assuredly stand behind them.”  
Our financial regulators, Mr. Warsh suggested, should  work with countries 
that don’t explicitly back their largest institutions. “We  should work 
with them to instill real market discipline and real capital levels  and do a 
more rigorous job on regulation,” he said. Britain and Switzerland are  two 
possible candidates for this joint effort, in large part because their banks  
are too big to be bailed out by their governments.  
CIRCLING back to the pernicious effects of large and  politically 
interconnected banks, Mr. Warsh makes a direct link between the  favors handed 
to 
these institutions and our disturbingly high unemployment rate.  Small and 
medium-size banks, after all, are at a competitive disadvantage to the  big 
guys, so they are less able to lend to companies of modest size, which do so  
much of the hiring in this country.  
“The policy has favored large global banks and  disfavored small and 
medium-sized banks,” he said. “So I’m not surprised that  real economic and job 
growth that should come from these enterprises is still  lacking. Our failure 
to have a dynamic competitive banking system is a partial  explanation for 
the weakness we are seeing.”  
Granted, Mr. Warsh is far outnumbered by those arguing  for the status quo 
and the continued hegemony of big banks. Many of those  people, not 
surprisingly, work in Washington. But their refusal to concede that  taxpayers 
remain imperiled by banks too big to succeed only ensures that we will  face 
another financial crisis. And that it will come sooner, not later.

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