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Taxing 'Too Big to Fail' and Republican Hypocrisy

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President Obama is proposing a tax on "too big to fail" banks to pay back the $120 billion in taxpayer money that we expect to lose from the Troubled Asset Recovery Program ("TARP") -- the bank bailout.

The proposed tax would also exact a payment for the "implicit guarantee" that the government will pay the debts of any big bank that becomes insolvent.

Republicans hate taxes, so they'll probably be against this one. But Republicans proposed exactly the same legislative measure a decade ago for Fannie Mae and Freddie Mac, and they did so for exactly the same reasons.

Republicans now claim that they warned us years ago that Fannie and Freddie were making loans to poor folks who couldn't pay them back. That wasn't what Republicans said at all.

Republican criticism of Fannie and Freddie was part of an internecine battle in the financial industry between Fannie and Freddie on one side, and their competitors, institutions like Bear Stearns, AIG and Merrill Lynch, on the other.

Fannie's and Freddie's critics in the financial industry -- and their Republican allies -- argued that Fannie and Freddie had an "implicit guarantee" from the federal government that amounted to an unfair subsidy.

The guarantee was that the federal government would never allow Fannie or Freddie to fail. Fannie and Freddie were shareholder-owned corporations operated for a profit, but they began as government agencies that bought mortgages from banks so banks could lend more money.

Fannie and Freddie held some of the mortgages, and packaged other mortgages and sold "mortgage-backed securities" to investors.

As a result, mortgage credit was plentiful and cheap, and the home ownership rate soared.

Mark Zandi, Sen. John McCain's (R-Ariz.) economic adviser in the 2008 campaign, told USA Today in 2002 that the creation of Fannie and Freddie was "the most successful policy initiative ever undertaken by the government."

Fannie and Freddie did very well by doing good. In 2001, Fannie was 13 and Freddie was 18 on Fortune Magazine's list of the most profitable corporations.

But Fannie and Freddie no longer had the business of buying mortgages to themselves. Others in the financial industry were buying mortgages and selling mortgage-backed securities, also quite profitably.

The competition was bitter. Fannie's and Freddie's competitors argued that the "implicit guarantee" allowed Fannie and Freddie to borrow at lower interest rates. A Congressional Budget Office study estimated that the lower interest rates were a $6 to $7 billion federal subsidy, or about 40 percent of Fannie's and Freddie's profits.

So what was the origin of the guarantee, and the supposed taxpayer subsidy?

Fannie and Freddie were "privatized" during the Johnson Administration, critics argued, but they still had a smallish line of credit with the government; the President appointed members of the Boards of Directors of both Fannie and Freddie; and so forth.

But most of all, Fannie and Freddie were just too big to fail. The collapse of Fannie or Freddie would have catastrophic consequences for the economy. No administration, Democratic or Republican, would allow that.

Those criticisms of Fannie and Freddie have been vindicated by events, of course.

Is there any doubt that the same criticisms now apply to Fannie's and Freddie's critics? The "systemically significant" banks that received TARP funds all obviously enjoy the same "implicit guarantee" that Fannie and Freddie had. Community banks, banks that are small enough to fail, now complain about the unfair competitive advantage that the big banks get from the federal government's implicit guarantee.

The big banks are now fiercely fighting the very limitations that they urged for Fannie and Freddie a decade ago, including this, first suggested by the Congressional Budget Office and embraced by Stephen Moore, testifying before Congress in 2000 as an "Adjunct Fellow" at the Cato Institute: "a 'user fee' of 10 to 20 basis points on [Fannie's and Freddie's] debt to level the playing field between Fannie and competitors."

"The user fee is a partial payment for the implicit guarantee it receives from Uncle Sam," Moore said. "The rationale behind such a fee is that since taxpayers are bearing an implicit risk on Fannie Mae activities, it is reasonable that the federal government recoup fees to pay for that assumption of risk. The main advantage of such a fee is that it would help level the playing field between Fannie Mae and its fully private competitors."

What part of that rationale does not apply to President Obama's proposed tax on large, "systemically important" banks that have already been rescued once?

So if we just call President Obama's too-big-to-fail tax a "user fee" instead, will the idea have bipartisan support? Don't count on it.

Rep. Brad Miller (D-NC) is a member of the House Financial Services Committee and author of key elements of the Wall Street Reform Consumer Protection Act that recently passed in the House.

 
 
 
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HUFFPOST SUPER USER
ReedYoung
global mean land-ocean temperature 1880 to present
09:56 AM on 01/24/2010
"So if we just call President Obama's too-big-to-fail tax a "user fee" instead, will the idea have bipartisan support? Don't count on it."

Of course it won't, but it might make the connection obvious enough for the corporate media to mention it.
05:03 PM on 01/17/2010
Modern-day politicians understand all too well the effects of decisions made before they were elected to office. Some of those decisions can have long-lasting consequences to our society, mostly financial. Additionally, in the world of finance it is very much understood the causes of this economic crisis we are currently experiencing. For example, the creation and ultimately the bursting of the housing bubble; excessive leverage that pervaded the system; the dramatic growth of structural risk and the unanticipated damage they can cause; regulatory lapses and mistakes and the impact of huge trade financing imbalances on interest rates, consumption and speculation.

As the housing bubble grew, new and poorly underwritten mortgage products helped fuel asset appreciation, excessive speculation, and far higher credit losses. Mortgage securitization (and you owe it to your readers to explain this term) had many major flaws that ultimately added risk at a level never experienced before in this country.

At the center of all these issues were land developers and real estate companies looking to optimize their financial standing in life. Banking executives have recently testified they played a part in this. Yet, we have people in our country who want to return to the failed policies of the past.

http://www.fcic.gov/hearings/pdfs/2010-0113-Dimon.pdf

Read page 8 of the above link. Decide for yourself. Read it then decide for yourself what the real estate industry, land developers and lending institutions have done to this country.
09:31 PM on 01/16/2010
Just cut our taxes. Let us have our money. Quit coming up with reasons for the people to continue paying more and more of our money to the government so that they government can fund the ever increasing and unmanageable mandates that our elected officials feel the "need" to foist upon us.

So what if the Repubs did something a decade ago, is that your benchmark ?

What have you done in your terms to improve the lives of all of the people ?

This does not include transferring wealth from one to another.

Who is John Galt.
HUFFPOST SUPER USER
Corners
11:12 AM on 01/19/2010
You dont see this meltdown as the largest transfer of wealth in our history? Thats not even counting the wealth transfer thats been going to the top 1% over the last 3 decades. It makes me puke every time i hear someone whine about Obama and the deficit. It only shows they have no ideal what they are talking about. Just google it fools. http://en.wikipedia.org/wiki/National_debt_by_U.S._presidential_terms
HUFFPOST SUPER USER
Corners
11:14 AM on 01/19/2010
http://zfacts.com/p/318.html

Please, dems have destroyed the fiscal responsibility of this country for the last 3 decades. Blaming Obama for trying to fix it is wrong. I dont think hes working for the right people but our debt has mroe to do with the gop then anything else and the lack of non corrupt people in congress both dem and rep.
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HUFFPOST SUPER USER
moozungu
01:41 PM on 01/16/2010
Thank You for standing up and demanding that the bank's stop sucker punching the American Public.
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HUFFPOST SUPER USER
moozungu
01:40 PM on 01/16/2010
No Obama wants the people's money back. The banks got saved from falling on their face and now that there flush again rather than return the favor to those that saved them and start freeing up money for small business loans and affordable mortgages they would rather dole their money out to those same employees who got us in this mess in the first place. And stop fostering the lie that the Cadillac Health Plans that some union workers will be able to keep with out being taxed is some back room deal... Many of the People in Unions that have so called Cadillac Health Plans are fire fighters, long shoremen, and others who have jobs that risk life and limb and usually leave someone debilitated after their career..... Obama is suggesting that EMPLOYERS PAY A TAX when the opt to pay for Employee individual Plans that are over 8500 a year when the average is like 2600 (for a PPO with Blue Cross) and Employers who pay 0ver 23,000 for a family plan when the average is 13,000... most of the People with these Cadillac Plans are in professions such as bankers, lawyers, and financial industry and whats worst of all the average health insurance rate for individuals or family that Employers have to pay for the working stiff like myself escalates the more Premium (Cadillac) plans are dispersed to the rich... So TAX those things into oblivion for those who don't need them...
09:37 PM on 01/16/2010
Respectfully, your comments remind me of the governmental thought control police from Orwell's 1984.
Whom are you to decide whom does or does not need to be taxed on a benefit of their work ?
Do you think that people whom happen to be lawyers, doctors, bankers, financial experts, sales people, dentists, business owners, or anyone else whom has sacrificed to go to go to college, go onto professional school, (whiles working jobs and taking out loans to accomplish their goals), start out work in debt, and then work more hours than most people believe a person should work ?

The banks have paid. What about Chrysler and GM,,,we keep thowing money down those holes ($4Billion more to GMAC last week) and we will never get that back though the unions sure did get their skis waxed didn't they.

How about an award for FORD motor for going it alone ?

Cadillac plans.....Yes Big Brother...whatever you say.
HUFFPOST SUPER USER
Pooter1
08:47 PM on 01/15/2010
So.....Obama wants his money back uh? .......funny because if memory serves me correctly, back in the Spring, Obama and Gaitner seemed to be trying to figure out a way for the Gov to refuse early repayment of the TARP funds from the banks when the banks realized they began to realize they had made a pact with the Devil. Unfortunately, since TARP was written under Bush who didn't want the Gov to have a permenant interest in the banks, there was nothing they could do about it.

And considering that the banks have paid 2/3 of the TARP funds that were borrowed (and forced on some banks who didn't want it by the Bush Admin) with interest, shouldn't Obama be telling this to the auto industry who hasn't and will probably NEVER will pay any of their TARP back?

I guess this is kind of like the backroom deal cut yesterday where the middle class will be have to taxed at a higher than rate on their Cadillac Health Plans to cover the cost of the union's Cadillac Health Insurance Plans who will be exempted till 2018........ only in this case, its the banks who will be taxed in order to cover the losses to TARP from the auto industry.

I swear, Obama has this 'rob Peter to pay Paul' thing down to an art doesn't he?
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HUFFPOST SUPER USER
moozungu
01:38 PM on 01/16/2010
No Obama wants the people's money back. The banks got saved from falling on their faces and now their flush again and rather than return the favor to those that saved them and start freeing up money for small business loans and affordable mortgages they would rather dole their money out to those same employees who got us in this mess in the first place. And stop fostering the lie that the Cadillac Health Plans that some union workers will be able to keep with out being taxed is some back room deal... Many of the People in Unions that have so called Cadillac Health Plans are fire fighters, long shoremen, and others who have jobs that risk life and lymb and usually leave someone debilitated after their career.. Furthermore their is no tax that is going to get passed off to the middle class... Obama is suggesting that EMPLOYERS PAY A TAX when the opt to pay for Employee individual Plans that are over 8500 a year when the average is like 2600 (for a PPO with Blue Cross) and Employers who pay 0ver 23,000 for a family plan when the average is 13,000... most of the People with these Cadillac Plans are in professions such as bankers, lawyers, and financial advisors... and whats worst of all the average health insurance rate for individuals or family that Employers have to pay for the working stiff like myself escalates the more Premium (Cadillac) plans are dispersed to the rich
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JBS
Part time misanthrope & full time curmudgeon
07:08 PM on 01/15/2010
So Brad, how did YOU vote on the no-strings-attached bailout?
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HUFFPOST SUPER USER
capitaldysfunction
White male never voted Republican
09:43 PM on 01/22/2010
That was what got me about it from the very beginning. Why did Republicans and Democrats back a plan that gave money away NO STRINGS ATTACHED? It doesn't take a lot of elementary common sense to tell us you don't hand that kind of money over to anyone without expecting a few checkmarks to be met. It was like "Shovel this green stuff out the backdoor of governemnt and into the coffers of Wall Street".

It was like every one in congress and the Bush administration was too lazy to do their homework.

And that criticism can be added to the Main Street handing their money over to Wall Street argument. Why not do things like pay off consumer's loans and credit cards-- that puts money back in the banks that otherwise might be defaulted on and allows consumers a fresh start. Why all the concern for Wall Street and none for Main Street? Effen this corportocracy.
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HUFFPOST SUPER USER
Inghram
06:56 PM on 01/15/2010
This appears to be nothing more than a BS election year proposal to quell angry voters. It doesn't take a MBA degree to know that the banks will simply pass this cost off to the consumer. Real reform would begin with ensuring that there is no such thing as "too big to fail" ... as it stands, this is politics as usual.
HUFFPOST SUPER USER
pjwrites
12:39 PM on 01/15/2010
It's because Republicans and Democrats are one and the same.

They both share the goals of growing government power and wealth and depleting the rights, opportunities, and wealth of citizens, and they both work hand-in-hand with complicit leaders in banking, industry, media, and the church to accomplish those goals.

No conspiracy theory, simply an understanding of human nature and the innate personalities of Type A's.
12:35 PM on 01/15/2010
The tax doesn't solve the problem.

If the issue is that people will not think the government will be able to withstand the calls for further bailouts of "too big to fail", then make them smaller by regulating divestment of some of the parts.

If the issue is getting back the TARP funds. This makes little sense. The banks have paid them back. It is General Motors and AIG that are likely to be the losers. Why continue to punish success and reward failure?

If it is to increase lending....why reduce the banks return which will force them to either raise rates or reduce lending?

Seems like just a convenient tax.
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WilliamBradford
Veritas vos Liberabit
12:27 PM on 01/15/2010
This "fee" and the rationale behind it are quite simply the first step toward nationalizing the upper level of the banking system. The assumption is that these banks are now dependent on the federal government and therefore their profits are subject to rightful taking by that government. This is not designed to be temporary. In fact, it is likely to grow like a cancer.
11:58 AM on 01/15/2010
Here we go again. President Obama proposes a new tax on the banks. The banks begin organizing to pass the proposed tax onto each bank's customers. Fees for consumers go up. The President and the Dems pass another profit protection act for another industry.

This is the most corrupt congress I have ever seen. I would not give the time of day to any of them.
11:57 AM on 01/15/2010
Reinstate Glass-Steingall without that firewall it will business as usual. False indignation doesn't cut it anymore.
10:52 AM on 01/15/2010
To start with all the CEO's that were involved shouldn't be allowed to give themselves bonuses, of public companies I might add, but should be fired! These people treat themselves to share holder money like congress uses our taxes!
09:55 AM on 01/15/2010
Geez, if it was wrong ten years ago, it is wrong today! The banks will pass on these fees. Anyone with any business experience will agree. Only a politician would say that if the big bank passes on the fees then change banks. This is business 101. The progressive politicians think the people are stupid and sheep. Makes me like the tee shirt that said, "Cram it down our throats in 2009 and we will cram it up your butt in 2010"!
10:23 AM on 01/15/2010
Or, it might cause (the passed on fees) a mass exit to credit unions (not subject to the tax)