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A Beautiful Financial Rescue Package

by: BruceMcF

Wed Oct 01, 2008 at 11:42:44 PDT        
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(9 am. - promoted by ek hornbeck)

So, Monday a bail-out package described by opponents a excrement on toast went down to defeat because after getting compromises to make it, in my view, worse, the Republican leadership could not then deliver enough Republican votes to get the thing passed "on a bipartisan basis".

Like they are unwilling to take unpopular votes to protect business interests? What was more than a decade of votes against the Minimum Wage about, then?

So, the first step is to see if the non-finance sector business lobby has been on the phone with the Rebel Replicants, cursing them a blue streak for screwing the pooch so badly before the Christmas shopping season. Perhaps they are, and so perhaps they will toe the line.

And if not, then the Democrats can turn to putting together a Beautiful Financial Rescue Package that the caucus can support. So, what would that look like?

BruceMcF :: A Beautiful Financial Rescue Package

The Problem to be Solve

I've done one or two diaries on bits and pieces of this:
A Midnight Thought on Whether a Bit of Keynes can Fix This Mess
Mea Culpa: The Fed May In Fact be in a Financial Mess.
Close the Barn Door after the Horse Broke His Leg. (Agent Orange)
Solvency Crisis: Fed VP Called it in May ... but didn't NAME it.
How a Little House Threatens Pension Funds and Insurance Companies (Agent Orange)
The Political Sweet Spot on Rescuing Main Street from this Mess (Agent Orange)

... but the upshot is fairly straightforward.

We are facing a solvency crisis, because financial firms, including commercial banks, held assets on their balance sheets at inflated credit ratings.

The inflated credit meant they had far more exposure to a drop in the value of their financial assets than they should have had, and so some of the institutions were sliding toward insolvency. So now everybody wants to sell this junk, not enough people have the ability, let alone the desire, to buy it, pushing the market value of the assets down, dragging more firms into insolvency.

Insolvency is when your obligations exceed your assets. But the Fed and the Treasury have been pretending for a year that its a problem of liquidity, and all of their "solutions" were providing more liquidity.

Its like someone coming into the emergency room with an infected wound, and they put in stitches and send them on their way ... it covers up the problem, but it does not fix it.


Is the Crisis Real?

From the gray lady (h/t Matthew Yglesias):

Cities, states and other local governments have been effectively shut out of the bond markets for the last two weeks, raising the cost of day-to-day operations, threatening longer-term projects and dampening a broad source of jobs and stability at a time when other parts of the economy are weakening.

Lots of people use "The Shock Doctrine" to argue that this is trumped up. But in a trumped up crisis, Lehman Brothers does not fold. Rather, what "The Shock Doctrine" should tell us is that one of the first reactions to the crisis will be for the Corporate Sector to use it as a distraction to grab for things they want.

So, yes, of course there are those trying to leverage this crisis, which is very real ... and indeed an entirely predictable and predicted outcome of taking financial deregulation to extreme lengths ... into yet more long term benefits for Megacorps.

But its a real crisis. And the advantage in facing down the Shock Doctrine during a real crisis is that there are a very large number of real businesses that are at risk of going bankrupt during the current recession, if the Finance Sector is not there to tide them over.


What Rescues firms from Solvency Crises?

You can only re-capitalize from borrowing if you can turn around and generate surplus income from those funds ... and finding enough good income in the middle of a recession to keep up with asset values in free fall, that just is not going to happen. So that route is out, at least short term.

So Santa Paulson's original plan was to buy shaky assets at inflated prices, re-capitalizing firms on the "Ho, ho, ho, Merry Christmas" principle.

The third way to re-capitalize a firm is to give an equity stake to the source of the funds. Then the existing shareholders lose out, but they lose out more if the firm goes belly up.

Dodd's plan was to have the firms hand over warrants, so when the Public Trustee loses money on those assets, so that it would be an interest-free loan for the real long term value of the asset, and an equity stake for the size of the overpayment.

But why should these firms get interest-free loans because they were too greedy and handed out as income what should have been kept as prudential reserves? Whether or not the ratings companies gave inflated ratings, managing risk is their business and they blew it.

So I think its more beautiful to have the purchase of shaky assets tied to the up front acquisition of an equity stake.


What Should the Size of the Rescue Be

Paulson says he needs $50b per month. SO $100b up front, and $100b on approval of Congress in a late November lame duck session, would, in Paulson's estimation, tide us over. Stick the number on Paulson.


What Should the Content of the Rescue Be

I've describe before the non-voting Preferred Share. It has a face value interest rate like a bond ... but its a dividend, so that when the company is running a loss, it doesn't have to pay the dividend. Unlike a debt, on it cannot drive a firm into bankruptcy. But like a debt, voting shareholders cannot take a dividend for themselves unless they have paid the Preferred dividend in full.

And of course, the firms that are actually rescued should end up refunding the cost of their part of the rescue. So set the Preferred Share Dividend Rate at the Treasury Rate for the bonds to finance the purchase of the dividend, plus 3%.

So, the Public Trustee buys a dollar of Public Preferred Shares alongside every dollar of shaky assets. Plus, the company gives warrants for additional Preferred Shares, to make good any losses on the shaky assets.

The Bail-out, as part of the compromise, makes the weakest possible concession to the idea of limiting executive pay. The Preferred Shares have a condition attached that, whenever the firm is not paying the Preferred Dividend, the only executive compensation allowed that is more than 10 times median income are common stock options maturing in five years or more.

There two beautiful things in there at once. First, corporate American has a direct stake in median incomes. And second, the greed of management is dragged out of the "next quarter's results" mentality, and into the performance of the firm in the actual time of strategic plans made and beginning to bear fruit.

If Ms. Fiorina had been paid in nothing mostly Hewlett Packard stock options maturing in five years time, she would have reached the point of having to quit just to save the value of her stock options ... no golden parachute buy-out on the risk of staying and destroying more shareholder value would have necessary.

I'll add another rider ... because a lot of time income is taken out as part of Mergers and Acquisitions activity rather than dividends ... the Public Trustee must approve any Merger and Acquisition activity unless the Preferred Shares have been fully paid for two fiscal years.

With Executive Pay and freedom to engage in Mergers and Acquisitions hinging on paying the Preferred Share Dividend, firms will pay that dividend if they possibly can.


Houses:Everything Else, Fifty:Fifty

Finally, the real kicker. Dean Baker has a beautiful program for coping with the foreclosure crisis that is called "Own to Rent".

Someone is facing foreclosure on a house in a depressed housing market. The mortgage broker granted that loan without even bothering to check if it could be repaid, because the assumption was that the house could always be sold for a gain if necessary to someone else.

Oops, when you ASSume you make an ... oh, well, you know the rest.

Open up a new foreclosure route. If the owner is willing to hand the title back, they can continue to stay in the house as a renter, paying a rent based on the current fair market value of the house. That right is attached to the title, until they surrender it.

An economic assessment is made of the value of the property with this rider attached, and the Public Trustee takes over the title from whomever owns it, including a "structured investment vehicle", replacing it with 10 year Treasury Bonds. The structured investment vehicle takes its loss on the value of the house, but on the other hand the risk of that part of its cash flow is substantially reduced.

The authorization includes explicit authorization for any investment vehicle allowed to hold mortgage assets to accept Treasury Securities in their place at an assessed current market value, including the loss from the Own to Rent rider.

The Public Trustee would be allowed to sell those properties, but mortgages against those properties could only be held by depository institutions in sound financial shape.

Given the extent of the foreclosure crisis, if Secretary Paulson thinks that his buddies on Wall Street need $100b in financial capital to keep going for the next two months, then let $50b be to re-capitalize financial firms that are over their heads, and $50b to rescue home-buyers who have gotten into mortgages over their heads.

Because 50:50 is a Beautiful Ratio.


Releasing it into the Wind

OK, there you go, the Beautiful Financial Rescue Plan.

Because, much as I love Xelander, at the rate he seems to be going, we are not going to be able to bank on his rescue plan ...



Poll
Rescue?
Public Preferred Shares AND Own to Rent
Public Preferred Shares
Own to Rent
Neither, do nothing, it will all blow over
Do something else (comment required)

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I'll be putting this up on Agent Orange around 7pm Eastern ... (4.00 / 7)
... when I turn it on, I'll put the link as a reply to this seed comment.

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Now up at Agent Orange. (0.00 / 0)
A Beautiful Financial Rescue Package xpost

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[ Parent ]
A couple of thoughts (4.00 / 4)
First. I think the "liquidity crowd" will want more supported explanation why you believe this isn't about liquidity. The essay dismisses the liquidity explanation, but gives anecdote rather than reasoning:

Insolvency is when your obligations exceed your assets. But the Fed and the Treasury have been pretending for a year that its a problem of liquidity, and all of their "solutions" were providing more liquidity.

Its like someone coming into the emergency room with an infected wound, and they put in stitches and send them on their way ... it covers up the problem, but it does not fix it.

I understand what you write, but this may be challenged by others.

Second. This has been a slow moving "crisis" and the timing of "crisis" seems to many, myself included, to have been chosen for the maximum shock value — before Congress recessed before the general election.

Whether the crisis is real or fictitious isn't, I believe, what The Shock Doctrine warns against.

You write:

Lots of people use "The Shock Doctrine" to argue that this is trumped up. But in a trumped up crisis, Lehman Brothers does not fold. Rather, what "The Shock Doctrine" should tell us is that one of the first reactions to the crisis will be for the Corporate Sector to use it as a distraction to grab for things they want.

Yes the crisis nexus, which I believe has been timed for maximum impact, is the "trumped up" part. The systemic problem is there, but the "crisis" has been there since July 2007 when the wealthy began evacuating their money from the markets. Yes, the powers that be are trying to extort what they want — cash with no questions asked and more deregulation to further the looting.

You continue:

So, yes, of course there are those trying to leverage this crisis, which is very real ... and indeed an entirely predictable and predicted outcome of taking financial deregulation to extreme lengths ... into yet more long term benefits for Megacorps.

What The Shock Doctrine suggests as the appropriate action, I believe, is to slow things down and not panic. By all means acknowledge there is a problem, but do not let the people who caused the problem get away with prescribing the fix, nor let let them administer the fix. I still do not believe a Wall Street bank bailout is necessary or a good thing. I do believe something should be done, however.

And continue:

But its a real crisis. And the advantage in facing down the Shock Doctrine during a real crisis is that there are a very large number of real businesses that are at risk of going bankrupt during the current recession, if the Finance Sector is not there to tide them over.

So, I think as a fix we should be focused on those very real businesses that are in dire straights due to no fault of their own and help them, rather than prop up the systemically flawed banking system.

Maybe it is time to nationalize the failed banks and let them renegotiate the mortages?

Any thoughts on cross-posting this at Eurotrib as well?


If you want to argue that there is no a ... (4.00 / 2)
... solvency crisis, I'm happy to walk through that, but an even an Executive VP of the FRB of New York laid it out as a solvency crisis in May ... he just was not willing to use the term solvency crisis, talking about it instead in terms of "balance sheet pressure".

Lehman Bros., Washington Mutual, Wachovia ... these institutions are falling over because they are insolvent, because they bet their balance sheets on excessively speculative junk, including imprudent mortgages and layer cakes of income streams from pools of imprudent mortgages.

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[ Parent ]
You're ready for liquidity mobs (4.00 / 2)
If it were me, I'd preemptively add it to the essay.

[ Parent ]
Above comment added to the version in the Agent Orange ... (4.00 / 2)
... diary editor, including links.

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[ Parent ]
Yes, but historically, if you do not act to ... (4.00 / 2)
... avert an old fashioned Banking Panic, it does real damage to the real economy.

What The Shock Doctrine suggests as the appropriate action, I believe, is to slow things down and not panic. By all means acknowledge there is a problem, but do not let the people who caused the problem get away with prescribing the fix, nor let let them administer the fix.

In order to not rush to action, something must be done to prevent a melt-down. And as it kicks in, the prospect of Congress being stampeded into stupidity like "pretend there is no problem" as in simply allowing speculative junk in free fall to be valued at its face value will increase.

So, I think as a fix we should be focused on those very real businesses that are in dire straights due to no fault of their own and help them, rather than prop up the systemically flawed banking system.

The systematic flaw in our banking system over the past two decades has been the growing trend for banks to shift out of actual operations of bank credit extension and into being financial middlemen between their customer base and financial markets.

The guilt that attaches to my colleagues ... at least, to traditional marginalist economists of their various "quibble over trivial distinctions" stripes ... would be due to the large numbers of people indoctrinated in the New Keynesian / Monetarist nonsense about depository institutions being just one more financial intermediary, so the New Deal firewalls between credit-creating depository institutions and pure intermediaries simply make no sense.

It might be emotionally satisfying to condemn all businesses that played some role in the establishment of pre-Panic financial fragility to collapse, but I would rather leave the collapse to the smaller group of un-salvageable speculators, and have the balance pay their penance in a permanent tithe of cash to the Treasury, that first refunds the financing of the bail-out, and then continues as a revenue stream.


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[ Parent ]
And on timing ... (4.00 / 2)
... it hit in late September. Purely speculative collapses tend to happen in October, because of the stress on short term finance posed by the Christmas season. Given the slower pace of a collapsing housing bubble, and the steady worsening of the foreclosure crisis over the summer, not having a financial crisis sometime in this time frame would have been more surprising.

And I doubt that Lehman Bros. fell over because their old mate Paulson said, "we've got something in the works, can you take one for the team?"

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[ Parent ]
Even though I don't (4.00 / 1)
understand all you're proposing, I really appreciate your thoughtful writing about what's happening and the added bonus of suggestions for solutions!!!!!

Oh, and I always do understand a bit more after reading one of your essays.

Almost everything you do will seem insignificant, but it is important that you do it. Mahatma Gandhi


I take it that is what peer-to-peer communication ... (4.00 / 2)
... is supposed to be about. ;)

Thanks!

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[ Parent ]
Ok... I'm the shadetree mechanic... (4.00 / 2)
Yes, I know what you're saying...

But, instead of saying, "it's very complicated.  There is the wiring harness, brake system, computer system, transmission, engine, fuses, etc etc etc"...

In this case, simply saying, "it's called a key and ignition... put it in".

Your average person doesn't deal in preferred stocks, common stocks, liquidity, solvency, or anything else.  They have a 401k, CD's, Money Markets and MAYBE... IF they are lucky... a modest portfolio handled by someone else.


The "rule of law"; it applies to you and me, but not the rich, the Republican or the celebrity. Welcome to America!  aka... Motley Patriot


Yeah, but to say it simple ... (4.00 / 1)
... I need the link to the spelling it out, because you only say it simple and the financial quibbling brigade descends to point out that this doesn't say what happens to CDS's when CDO's reset with Treasuries in place of shonky mortgages.

Indeed, spelling it out at the above level of detail brings out as many quibblers as anything else.

And there is the issue of writing a long diary because of not having the time to write a short one.

If the current bail out passes, we'll have til January or February before the real bail out is needed, so there'll be time for polishing, but if it falls over tomorrow, I'll want to be in a position to write the most straightforward description of the bail out then.

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[ Parent ]
thanks for stopping me from making a fool of myself (0.00 / 0)
I logged on to Docudharma to write a scalding expose arguing how this bailout was actually the War on Iran that the neocons never managed to achieve.  I still find many parallels to the way war on Iraq was rammed onto the American people -- Warren Buffet on Charlie Rose last night was the last straw, and I heard him as Colin Powell addressing the UN.  It is beyond coincidental that the ugly DVD "Obsession" by the Clarion Fund rolled out just as Paulson declared his need for a pulled-out-of-the-air number that is declared NECESSARY because the US needs a number big enough to impress our overseas allies that we're good for it.  

The Clarion Fund website, radicalislam.org, lays out some descriptions of Shariia law that include this definition:

10. How is sharia applied to banking and finance laws?

Islamic banking and finance is a rapidly expanding industry that seeks to harmonize modern business practices and traditional religious norms. Classical sharia prohibits riba, the charging of interest. It also condemns excessive profits and requires Muslims to invest only in ventures that are consistent with Islamic principles; for example, investing in a brewery or casino is forbidden. The Islamic finance industry, with estimated assets of $200 billion to $300 billion, represents a small chunk of the global marketplace, but is "already playing a significant role in the financial systems in the Middle East," said John B. Taylor, U.S. under secretary of the Treasury, in a 2004 address. Some Muslim countries, including Malaysia, are making an effort to issue national bonds that comply with sharia principles. And in 2002, eight Muslim countries--Malaysia, Indonesia, Iran, Saudi Arabia, Pakistan, Sudan, Bahrain, and Kuwait--launched a new organization, the Services Board Islamic Financial, to set common standards for Islamic banking.

If you ask yourself why Saudi Arabia has not come to the aid of the US in this financial crisis, and you realize that the Bush administration and the neocons have never been honest with the American people, but rather stampede -- as in mob tactics -- us citizens with lies and fearmongering -- Wolfowitz's "Weapons of Mass Destruction" -- to panic us into approving the otherwise unthinkable, irrational, and ill-advised; then you start to wonder if the REAL problem that besets the US economy is that Israel declared war on Iran on Sept. 20, 2008, using American taxpayers and their loans and bank accounts as its footsoldiers.  Having stared down Israel on its demand for permission to militarily attack Iran, Bush was forced to cave when financial institutions (Cantor Fitzgerald anyone?) started to fall.

My mind is still unquiet and suspicious of Barney Frank, Nancy Pelosi, Rahm Emmanuel; and dismayed when people like Jeb Hensarling and Mike Pence actually make sense (but pleased as punch that Marcy Kaptur is in the forefront of spreading common sense and calm). It did not help that I'd just watched "The Sting" -- the day BEFORE Newman died: every new pundit that appears on C Span seems to me just one more operative in the con game that's being played on the American people. I also had "Manchurian Candidate" on my mind, suggested, perhaps, by mention that Pelosi convened a major meeting in her "elaborate conference room under a large portrait of Lincoln." Many of Angela Lansbury's scenes in "Manchurian Candidate" include Lincoln's portrait, and those of us who are both ardent proponents of Jeffersonian ideals and itchy minded enough to be made overstimulated by dramaturgy recognize that Lincoln is a favorite icon of those who wish ill upon the US.

But Bruce has provided a great deal of information that must be analyzed, and that can at least act as brain bleach to eradicate the really troubling thoughts that have been occupying me.  I hope.  


Don't forget that the Shock Doctrine ... (4.00 / 1)
... does not depend on trumped up crises to ram things through. Any crisis will serve, whether real or imaginary, inescapable or manufactured.

This is the very real, entirely predictable result of allowing a banking system to run essentially unregulated in a financial system dominated by capital markets. It stopped after 1929 because we stopped allowing that, but in the late 1800's, banking Panic followed banking Panic followed banking Panic, as we couldn't dispense with commercial banks but could not work out how to go any extended period of time without banking crises.

The new degraded Bail Out Plan is, just like its predecessor, functionally incapable of serious re-capitalization, so at best it can slow the collapse. OTOH, the real economic benefit of a slower as opposed to a more rapid economic collapse can easily be 1/20 of one year's national income ... which is, after all, what $700b means, 5% of one year's GDP, to try to avoid damage that can easily cost a cumulative 10% of a year's GDP.

But that's an ugly thing that may or may not avoid something even uglier. Its not Beautiful. And the regular status quo is excellent at coming up with ugly things that may or may not avoid something uglier. Let the bought political whores in the expensive suits do that.

I want to pursue a Beautiful Rescue Plan.

And I know that with all the sinews exposed, it may not be showing its most beautiful face ... but consider DaVinci's anatomical sketches and then the beauty of some of DaVinci's work. There's a certain elan to having the sinews at work in a real way beneath the surface of the body being painted.


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[ Parent ]
 

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