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Mark A. Calabria

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JPMorgan Losses Do Not Make the Case for Regulation

Posted: 05/15/2012 12:53 pm

Unsurprisingly, President Obama and others have used the recent $2 billion loss by JPMorgan Chase as a call for more regulation. Obviously, our existing regulations have worked so well that more can only be better!

What the president and his allies miss is that recent events at JPMorgan illustrate how the system should -- and does -- work.

Let's compare two cases. In September 2003, when warned of problems at Freddie Mac and Fannie Mae, then-House Financial Services Chair Barney Frank stated, "I want to roll the dice a little bit more in this situation." Well, Chairman Frank did indeed "roll the dice," and now the American taxpayer is almost $200 billion poorer.

JPMorgan rolled the dice, betting that the U.S. economy would improve -- essentially a bet on Obama's economic agenda. That bet went south. JPMorgan lost $2 billion, one hundredth of the losses so far on Fannie Mae and Freddie Mac.

But the losses at JPMorgan were borne not by the American taxpayer, but by JPMorgan. The losses also appear to have been offset by gains so that in the last quarter JPMorgan still turned a profit.

This is the way the system should work. Those who take the risk, take the loss (or gain). It is a far better alignment of incentives than allowing Washington to gamble trillions, leaving someone else holding the bag.

The losses at JPMorgan have also resulted in the quick dismissal of the responsible employees. Show me the list of regulators who lost their jobs, despite the massive regulatory failures that occurred before and during the crisis. In fact, some of the most incompetent, such as the previous president of the New York Federal Reserve Bank, actually got promotions.

Talk about twisted incentives. In the private sector, you gamble, you take the loss, and you may lose your job and your career. In the public sector, you gamble and the taxpayer takes the hit, and you might even get a promotion out of it.

President Obama has warned that "you could have a bank that isn't as strong, isn't as profitable making those same bets and we might have had to step in." Had to step in? What the recent JPMorgan losses actually prove is that a major investment bank can take billions of losses, and the financial system continues to function even without an injection of taxpayer dollars. It is no accident that many of those now advocating more regulation are the same people who advocated the bailouts. Banks need to be allowed to take losses.

The president also sets up a ridiculous standard of error-free financial markets. All human institutions, including banks and even the White House, are characterized by error and mistake. Zero mistakes is an unattainable goal in any system in which human beings are involved.

What we need is not a system free of errors, but one that is robust enough to withstand them. And the truth is that the more small errors we have, the fewer big errors we will have. I am far more concerned over long periods of calm and profit than I am with periods of loss. The recent JPMorgan losses remind market participants that risk is omnipresent. It encourages due diligence on the part of investors and other market participants, something that was sorely lacking before the crisis.

One should also remember that while JPMorgan lost just over $2 billion, somebody made $2 billion. Net losses in the system were zero. The event was in no way "systemic," even under the very loose definitions pushed by Treasury and the Fed. Someone is correct, they make money; another other party is incorrect, so they lose money.

But it isn't just a gamble. JPMorgan was engaged in hedging activity in the corporate bond market, which ultimately helps increase liquidity in that market; helping corporations to grow and expand employment.

Just as the Dodd-Frank Act used the cover of a crisis to reward special interests and ignore the actual fault lines in our financial system, President Obama and others are attempting to use JPMorgan's recent losses to cover up and distract from regulatory failings. If Dodd-Frank had actually ended Too-Big-To-Fail, as the president promised at the time, then JPMorgan's losses would be irrelevant. Rather than point the finger elsewhere, the president should admit his mistake, call for the repeal of Dodd-Frank and begin the process of actually fixing our financial system.

Mark A. Calabria is director of financial regulation studies at the Cato Institute.

 
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Unsurprisingly, President Obama and others have used the recent $2 billion loss by JPMorgan Chase as a call for more regulation. Obviously, our existing regulations have worked so well that more can o...
Unsurprisingly, President Obama and others have used the recent $2 billion loss by JPMorgan Chase as a call for more regulation. Obviously, our existing regulations have worked so well that more can o...
 
 
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HUFFPOST SUPER USER
Val Mercy
In war, truth is the first casualty.
10:21 AM on 05/16/2012
"Rather than point the finger elsewhere, the president should admit his mistake, call for the repeal of Dodd-Frank and begin the process of actually fixing our financial system."

Huh? The problem is Obama hasn't pointed the finger at ANYONE.
Nothing is anyone's fault!
11:12 PM on 05/15/2012
This Calabria guy is so full of it. Where to start. So much bull, so little characters at my disposal. Sure, J.P.Morgan lost at least 2 billion, probably 3 and yeah, that means someone else won that bet and that is what is wrong here. Banks have learned nothing from their screwups other than they will probably get bailed out and that isn't good for anybody, especially us, the bail-er. Calabria talks like this was done in a bubble with play money. What about those whose money was lost, it wasn't J.P. Morgans money,it was investors money. That means what,401k's, someones college fund, retirement funds, all put entrusted to Morgan.This is how the system is supposed to work? Really? And where do you see the "gumnit" gambling trillions? Social Security,maybe? I did read that Morgan was gambling trillions on these bets, as much as two trillion per bet. A loss like that would not increase antones liquidity. As far as this increasing liquidity and creating jobs,that's the biggest bunch of tripe in this entire trope. Dodd Frank had the power to subdue this but banks have fought it tooth and nail, even going so far as to sue and threaten tosue to prevent implementation. At least one of these banks is going to end up being the Bank Of The United States.It's only a matter of time.
08:42 PM on 05/15/2012
In thinking about the JP Morgan Chase situation, three problems come to mind immediately.

The first is the inability of the regulators to fully comprehend what is going on in an entity the size of JP Morgan Chase.

The second is the inability of the managements of these too-big-to-fail institutions to fully comprehend what is going on.

And third, and most importantly, these too-big-to-fail banks have short institutional memories. They quickly forget what led to their problems the last time it got tough for them.

And here we are again with a too-big-to-fail bank losing $2+ billion of its “own” money — and under the leadership of CEO Dimon who is one of those most vocal against limiting the banks’ proprietary trading under proposed regulation/legislation. What did CEO Dimon learn about risk management from our most recent financial crisis? Nothing?

It’s time we revisit the separation of real banking activity and everything else that banks want to do. This might eliminate, or at least restrain, much of the burden that is now placed on US taxpayers to correct the “sloppy” and “stupid” decisions (CEO Dimon’s own adjectives) that have been made by the too-big-to-fail banks in the post-Glass-Steagall era.

See more on my blog @ “The View from the Middle of the Road” on blogspot.com/.
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HUFFPOST SUPER USER
freedomny
99% = TBTF
08:42 PM on 05/15/2012
"The losses at JPMorgan have also resulted in the quick dismissal of the responsible employees."

No they haven't....because Jamie Dimon is still CEO. Any other CEO would have been fired, just like a teller at Chase would be fired if they were short money....they would have had to pay back that money or resign.

Let me tell you the problem with Chase. It's it corporate culture. Where obscene demands on ever increasing profits and growth cause their employees to move ever away from what a bank is suppose to do. To engage in risk even if that risk is against the fiduciary responsibility that a bank has to it's own customers. Maybe this trade wasn't "technically" with client's money....but that doesn't mean it is not happening.

Read Cindy Adams column in the NY Post today, where she describes how Chase employees (who didn't seem very experienced in her words) tried again and again, very agressively, to push her into a bigger relationship with that bank then she ever wanted.

One of the reasons I personally left Chase...when all the senior executives held a sales rally where they insisted that we turn over personal information (like bank accounts, social security numbers, date of birth, income), without the client's permission....so that this "information" could be "shared" with other employees of the bank in an effort to get more business.

What's your name? Mark? Is that Really a bank where you want to put your trust in?
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HUFFPOST SUPER USER
Olaste
Sustainable Investment
05:50 PM on 05/15/2012
wow. .. Mark, first time i read you. you must be a Republican.

The bet was in fact not a bet on the american economy. It was a strategic and oversized call on an asset class, high grade corporate bonds, which is a core of any defensive portfolio that assumes credit deflation and asset market deflation. It was in fact a huge bet against Obama, against him even having a chance to get us out of the policy mess that Bush, Greenspan and Bernanke have left us.
so now, the best investment in town are high yield corporate bonds, the safe haven when things go pearshaped.

and i have to say... i cannot agree with your views on how to structure our financial system sustainable... read here why eyeofthestormbook.com/2012/05/the-london-whale-squeezes-jp-morgan/
05:32 PM on 05/15/2012
Greenspan said it best about the crisis in 2008

“Those of us who have looked to the self-interest of lending institutions to protect shareholders’ equity, myself included, are in a state of shocked disbelief,”
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intotheabyss
Imperialism is a form of insanity.
05:25 PM on 05/15/2012
Since when has any criminal enterprise believed it should be regulated? Thing is, the plutocrats think the behavior of the unwashed masses isn't regulated enough. Funny that.
05:11 PM on 05/15/2012
Great article. Connect the risk takers with the risks. It doesn't work the same way in politics. There are no perfect humans. There will always be mistakes. Its just who should shoulder those mistakes and what is the most efficient way to clear and recover from the mistakes. In politics, everyone if forced to suffer from the regulators' or planners' mistakes and the dynamics of adjustments are slow and bureaucratic. Markets are just more efficient in dealing with mistakes.

Good point
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04:49 PM on 05/15/2012
What will we have to endure to separate the investment banks from commercial banking.

Socializing the losses while privatizing the profits is not working for most people.
HUFFPOST SUPER USER
Robert SF
04:43 PM on 05/15/2012
The Cato Institute is simply a PR agency for the plutocracy. Every word anyone from the Cato Institute utters is a lie, including "and" and "the."
06:34 PM on 05/15/2012
Amen to that!
04:35 PM on 05/15/2012
This splendid gentleman from the Cato-Koch-Cuckoo Institute is such a funny guy. Open your Wall Street playbooks, here's the play-- Make sure that there is a failure to regulate, then make your pile abusing the system at public expense, then say, "See, regulations don't work!" Gee, how the money rolls in! (Don't forget to add, "We can regulate ourselves.") Remember kids, If you have regulations, then you can't have Laissez-Unfaire. And if you can't have that, then it makes it slightly trickier for Master of the Universe to rip off the Treasury. Slightly.
07:11 PM on 05/15/2012
Private rip-off profit and publicly financed bail-outs when the bet is wrong. It would be interesting to know how much taxpayer money has been used to clean up the messes left behind failed vulture capitalism adventures, i.e. pension funds, income tax charge-offs, etc., in the last 20 years and whether anyone was held accountable and forced to pay back the Treasury with their looted cash and property.
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HUFFPOST SUPER USER
Chris Carpenter
04:25 PM on 05/15/2012
"I am far more concerned over long periods of calm and profit than I am with periods of loss."

Then you must be ecstatic since the deregulation of the 80's. Before that, starting after the Great Depression, our country went through one of the longest and strongest periods of economic growth our country and the world has ever seen. It lifted all boats, by the way. Too bad it had to end so that your "free market" could displace those that shouldn't be a part of the wealthy class.
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somewhatodd
micro-bio undetectable to the naked eye
04:20 PM on 05/15/2012
according to "lord of the flies" libertarian scripture, the case for regulation cannot be made and can never be made, period.

in fact cato has a filing cabinet full of fill in the blank forms to wit "the ____ for____" cannot be ____."
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nastywolf
Pass 28th Amendment: Separation of Cash & State
04:20 PM on 05/15/2012
Fannie & Freddie don't make loans, they assume the loans made by the private sector banks and any toxic loans dumped on them by those banks must be bought back, dollar for dollar, if found to not have met Fannie's & Freddie's standards (in re income to debt, proof of income, etc) . Despite common belief, there has never been any relaxing of those standards. What HAS happened is that under pressure from the Bush administration and a conservative Congress, Fannie & Freddie were prevented from suing to force banks to take back their hundreds of billions worth of fraudulent loans, thus forcing the taxpayers to deal with them.
03:50 PM on 05/15/2012
The purpose of Fannie & Freddie is to purchase loans from smaller/local lenders to that those lenders can continue to lend. Fannie & Freddie are New Deal programs - which is why they are constantly villified by the right - that, since the 60's have been privately traded. Fannie & Freddie's troubles were the result of being caught holding the bag when Wall Street's deregulated gambling on nodoc loans inevitabley collapsed the economy. Who founded the Cato Institute?