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Another Top Fed Official Calls For U.S. To Break Up Megabanks

First Posted: 06/15/10 06:12 AM ET Updated: 05/25/11 05:10 PM ET

Richard Fisher Federal Reserve

Referring to the danger posed by megabanks as one that's able to spread "debilitating viruses throughout the financial world," a second top Federal Reserve official called for policymakers to bust up the nation's financial behemoths before they cause another worldwide financial crisis.

Richard W. Fisher, president and chief executive of the Federal Reserve Bank of Dallas, told a gathering of economists and financial experts Wednesday that "a truly effective restructuring of our regulatory system will have to neutralize what I consider to be the greatest threat to our financial system's stability... 'too big to fail'."

"In the past two decades, the biggest banks have grown significantly bigger," Fisher said in New York during a lunchtime speech that elicited rounds of applause. "The average size of U.S. banks relative to gross domestic product has risen threefold. The share of industry assets for the 10 largest banks climbed from almost 25 percent in 1990 to almost 60 percent in 2009.

"Existing rules and oversight are not up to the acute regulatory challenge imposed by the biggest banks," he said. So U.S. policymakers, along with their international counterparts, should come up with a system that will break them down into a manageable, less-risky size.

Fisher's comments echoed those from last month in which he also called for giant financial firms to be broken up. Along with Federal Reserve Bank of Kansas City President Thomas M. Hoenig, the two regional Fed presidents are arguably the most qualified and influential voices calling for a new blueprint for the nation's financial system -- a level playing field between Wall Street and Main Street, embodied in ending mega-institutions' dominance over the U.S. economy. Both are deficit- and inflation hawks and both represent the nation's heartland -- Kansas City and Dallas.

Their calls amplify what had been voices on the fringes calling for a fundamental redesign of the nation's financial system. It's not so easy for the White House, the Treasury Department, the Board of Governors at the Federal Reserve or influential members of Congress to dismiss calls to break up megabanks when two regional Fed presidents are calling for just that. Fisher and Hoenig, whose jobs put them above the partisan bickering in Washington, want to reform what's been laid bare as a broken and inefficient financial system.

"First, these large institutions are sprawling and complex -- so vast that their own management teams may not fully understand their own risk exposures, providing fertile ground for unintended 'incompetence' to take root and grow. It would be futile to expect that their regulators and creditors could untangle all the threads, especially under rapidly changing market conditions," Fisher said as he began his defense of his position.

"Second, big banks may believe they can act recklessly without fear of paying the ultimate penalty. They and many of their creditors assume the Fed and other government agencies will cushion the fall and assume some of the damages, even if their troubles stem from negligence or trickery. They have only to look to recent experience to take some comfort in that assumption," he said.

Then, Fisher went after the heart of the Obama administration's and Wall Street's central argument -- that the U.S. needs megabanks to compete on a global stage.

"Some argue that bigness is not bad, per se. Many ask how the U.S. can keep its competitive edge on the global stage if we cede LFI [large financial institutions] territory to other nations -- an argument I consider hollow given the experience of the Japanese and others who came to regret seeking the distinction of having the world's biggest financial institutions. I know this much: Big banks interact with the economy and financial markets in a multitude of ways, creating connections that transcend the limits of industry and geography.

"Because of their deep and wide connections to other banks and financial institutions, a few really big banks can send tidal waves of trouble through the financial system if they falter, leading to a downward spiral of bad loans and contracting credit that destroys many jobs and many businesses, creating enormous social costs. This collateral damage is all the more regrettable because it is avoidable."

Hoenig similarly discarded arguments favoring megabanks, referring to the ideas supporting them as "a fantasy -- I don't know how else to describe it."

"These costs are rarely delineated by analysts," Fisher said. "To get one sense of their dimension, I commend to you a thought-provoking paper recently written by Andrew Haldane, executive director for financial stability at the Bank of England.

"Haldane pulls no punches," Fisher said in a clear endorsement of Haldane's arguments. "He considers systemic risk to be 'a noxious by-product' or a 'pollutant' of an overconcentrated banking industry that 'risks endangering innocent bystanders within the wider economy.' He points out that the government's fiscal transfers made in rescuing or bailing out too-big-to-fail (TBTF) institutions -- whether they are repaid at a profit or not -- are insufficient metrics for tallying both the cost of the damage caused by their mismanagement and their subsequent rescues.

"Like me, he puts things in the perspective of the entire cardiovascular system and the body of the economy. He concludes: "...these direct fiscal costs are almost certainly an underestimate of the damage to the wider economy which has resulted from the crisis."

In fact, Haldane argues that "evidence from past crises suggests that crisis-induced output losses are permanent, or at least persistent, in their impact on the level of output." The "world economic output lost relative to what would have obtained in the absence of the recent crisis might be $60 trillion or more," Fisher said, referencing Haldane. "That's $60 trillion with a "T" -- more than four years' worth of American economic output."

While Haldane "may significantly overstate the real social costs of TBTF... the message is clear: The existence of institutions considered TBTF exacerbated a crisis that has cost the world a substantial amount of potential output and a whole lot of employment," Fisher said.

He went on to cite Haldane's study of the funding advantage enjoyed by TBTF institutions -- "which has widened during the crisis" -- and quoted a figure calculated by Dean Baker, co-director of the Center for Economic and Policy Research in Washington, who said that advantage amounts to a $34-billion-a-year taxpayer-provided subsidy for the 18 largest U.S. banks.

Haldane's study "simply adds grist to the mill of my conviction," Fisher said. "[B]ased on my experience at the Fed... the marginal costs of TBTF financial institutions easily dwarf their purported social and macroeconomic benefits. The risk posed by coddling TBTF banks is simply too great."

Based on Fisher's desire to break up the nation's biggest banks, the present financial reform proposals before Congress just don't go far enough.

"To be sure, having a clearly articulated "resolution regime" would represent a step forward, though I fear it might provide false comfort: Creditors may view favorably a special-resolution treatment for large firms, continuing the government-sponsored advantage bestowed upon them," he said. "Given the danger these institutions pose to spreading debilitating viruses throughout the financial world, my preference is for a more prophylactic approach: an international accord to break up these institutions into ones of more manageable size -- more manageable for both the executives of these institutions and their regulatory supervisors."

And if not possible to do this on an international level, then the U.S. should act unilaterally and go it alone, Fisher said.

"It would obviously take some work to determine where to draw the line," he said. "Haldane's paper suggests that 'economies of scale appear to operate among banks with assets less, perhaps much less, than $100 billion,' above which 'there is evidence... of diseconomies of scale'."

"[T]here are limits to size and to scope beyond which global authorities should muster the courage to draw a very bright, red line. I align myself closer to former Fed chairman Paul Volcker in this argument and would say that if we have to do this unilaterally, we should. I know that will hardly endear me to an audience in New York, but that's how I see it," Fisher said.

"Winston Churchill said that 'in finance, everything that is agreeable is unsound and everything that is sound is disagreeable.' I think the disagreeable but sound thing to do regarding institutions that are TBTF is to dismantle them over time into institutions that can be prudently managed and regulated across borders," Fisher said. "And this should be done before the next financial crisis, because we now know it surely cannot be done in the middle of a crisis."


READ the speech below:


Richard Fisher April 14, 2010 speech on TBTF
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Referring to the danger posed by megabanks as one that's able to spread "debilitating viruses throughout the financial world," a second top Federal Reserve official called for policymakers to bust up ...
Referring to the danger posed by megabanks as one that's able to spread "debilitating viruses throughout the financial world," a second top Federal Reserve official called for policymakers to bust up ...
 
 
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HUFFPOST SUPER USER
RitaS
12:40 AM on 05/04/2010
If the ONLY advantage of these mega Banks/Corporations is to those who get those over the top salaries & the disadvantages are heaped on the American People, WHY should they NOT be broken up? Especially when they bring down the economy of America w/ their unabashed GAMBLING???
04:45 AM on 04/17/2010
"The SEC said it charged New York-based Goldman (GS, Fortune 500) and a vice president, Fabrice Tourre, for their failure to disclose conflicts in a 2007 sale of a so-called collateralized debt obligation. Investors in the CDO ultimately lost $1 billion, the SEC said."
Source: http://money.cnn.com/2010/04/16/news/companies/sec.goldman.fortune/index.htm?hpt=T1
04:44 AM on 04/17/2010
Racketeer Influenced and Corrupt Organizations Act
From Wikipedia, the free encyclopedia
(Redirected from RICO)
http://en.wikipedia.org/wiki/RICO

The Racketeer Influenced and Corrupt Organizations Act (commonly referred to as RICO Act or RICO) is a United States federal law that provides for extended criminal penalties and a civil cause of action for acts performed as part of an ongoing criminal organization. RICO was enacted by section 901(a) of the Organized Crime Control Act of 1970 (Pub.L. 91-452, 84 Stat. 922, enacted October 15, 1970). RICO is codified as Chapter 96 of Title 18 of the United States Code, 18 U.S.C. § 1961–1968. While its intended use was to prosecute the Mafia as well as others who were actively engaged in organized crime, its application has been more widespread.

The original drafter of the bill, G. Robert Blakey, remains an expert on RICO; his former student Michael Goldsmith also gained a reputation as one of the nation's leading RICO experts.

Although its primary intent was to deal with organized crime, Blakey said that Congress never intended it to merely apply to the Mob. He once told Time, "We don't want one set of rules for people whose collars are blue or whose names end in vowels, and another set for those whose collars are white and have Ivy League diplomas."
04:43 AM on 04/17/2010
Conspiracy (crime)
From Wikipedia, the free encyclopedia
http://en.wikipedia.org/wiki/Conspiracy_(crime)

In the criminal law, a conspiracy is an agreement between two or more persons to break the law at some time in the future, and, in some cases, with at least one overt act in furtherance of that agreement. There is no limit on the number participating in the conspiracy and, in most countries, no requirement that any steps have been taken to put the plan into effect (compare attempts which require proximity to the full offence). For the purposes of concurrence, the actus reus is a continuing one and parties may join the plot later and incur joint liability and conspiracy can be charged where the co-conspirators have been acquitted or cannot be traced.
04:42 AM on 04/17/2010
Fraud
From Wikipedia, the free encyclopedia
http://en.wikipedia.org/wiki/Fraud

A fraud is an intentional deception made for personal gain or to damage another individual; the related adjective is fraudulent. The specific legal definition varies by legal jurisdiction. Fraud is a crime, and also a civil law violation. Defrauding people or entities of money or valuables is a common purpose of fraud.
04:41 AM on 04/17/2010
Looks like to me, that this problem goes much deeper than one guy at one bank. It involves the entire banking/financial organization, and all members of all boards-of-directors of nearly every financial institution in the country. There is not a single person on any board that didn't know exactly what was going on - unless they are all fools. I don't happen to believe that any member of the board of any institution is a fool. The Nuremberg Defense, or its corallary, "I didn't know . . ." is no defense at all.

So if they are not fools, then they indeed knew what was going on in their institutions. Since this involved the entire board of directors, and many others, that constitutes a conspriacy. And since these folks were members of several different institutions, and all were involved in the corrupt business practices that very nearly destroyed the entire economy of the United States (for their own personal gain), then the Justice Department should institute an investigation of all of these gangsters and their institutions under the RICO Act. ALL of these people should be looking forward to lengthly prison terms, as well as Forfiture of Assets for their criminal behaviour.

. . . Or have these people and institutions not only become "Too Big to Fail", but 'Too Big to Prosecute' as well?
HUFFPOST SUPER USER
littleblackcat
03:32 PM on 04/17/2010
Pro'46, I am afraid you may have hit a nail squarely on the point of "Too Big to Prosecute". In a world where money is the be-all and end-all, those with the money can get away with murder, and I mean that literally.
In the case of the financial institutions, it is doubtful that any of those responsible and who have profitted so handsomely will ever face criminal charges, much less serve any time for their crimes. With the supreme court at this time established by the very criminal minds who will benefit from decisions handed down by it, litigation would take years and they will walk away with their hundreds of millions and never a thought for those whose lives have been ruined by lost jobs and home foreclosures.
It will require a resurgence of real courage and involvement from the average working person to demand that things change.
It does sound as if these two men have their act very much together, so one can hope that there will be good coverage of their facts on the multitude of news media. I for one, will not hold my breath on that, though.
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06:59 PM on 04/16/2010
In setting regulations, the notion that the mega-banks are playing the same game needs to be abandoned.
They're living in a different world, playing by different rules, with different objectives (money).
I think expecting them to be acting in the best interest of the country is naive.
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08:47 PM on 04/15/2010
When even the Fed Chiefs, three to this time, plead for the break-up or down sizing of our big banks, you better believe that the situation that we are facing is desperate unless we act wisely and promptly. Even then, the big banks are still full of toxic paper that may still blow our fragile system apart.
These men are considering the larger good. They are to be commended.
HUFFPOST SUPER USER
johnminehan
06:10 PM on 04/15/2010
While I am somewhat of an economic conservative, with regard to regulation, I think most of the Law and Economics critic of Anti-trust Law, lead by Judge Bork, has proven to be of little to no practical use.
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06:54 PM on 04/16/2010
I think ant-trust addresses where free market stifles competition. Free means the power players start to take over and set the rules.
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05:02 PM on 04/15/2010
I am not worried that they are too big to faii. I am more concerned that they are too big to succeed. They are out of touch.
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04:59 PM on 04/15/2010
I am not worried that they are too big to fail. I am worried that they are too big to succeed.
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HUFFPOST SUPER USER
rinpochet
Do unto others ...
02:24 PM on 04/15/2010
No if we can get rid of Geithner and replace him this man, we might make some progress.
01:59 PM on 04/15/2010
Yes, Please break up the big banks.

Then break up big media.
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sippewissett
We are ALL Americans, not just the noisy few.
04:07 PM on 04/15/2010
...espacially media owned by foreign nationals.
01:46 PM on 04/15/2010
If you are against financial reform you are a Republican.
01:01 PM on 04/15/2010
This is the pot calling the kettle black. Break up the Fed and the big banks and we'd be getting somewhere.