Information about finance, the economy and business. Entertaining and informative. Seeking Alpha Certified Mark Sunshine Chairman & CEO

Tag Archive: CITIGROUP

  1. Who’s Gonna Bail Out The Fed?

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    As pub­lished on Forbes.com

    In ordi­nary times it would be igno­rant to ask, “Who’s going to bail out the Fed?” — but then again these aren’t ordi­nary times.

    Sol­vency of the Fed­eral Reserve Bank shouldn’t be an issue because it car­ries the full faith and credit of the United States of Amer­ica. In the­ory, the only way the Fed could need a bailout is if the fed­eral gov­ern­ment fails.

    While the­ory is inter­est­ing, polit­i­cal real­ity is an entirely dif­fer­ent story. The Fed­eral Reserve is putting its future at risk by ignor­ing its own likely finan­cial results when it raises inter­est rates. Sim­ply put, ris­ing inter­est rates will hurt the Fed by mak­ing inter­est costs higher and asset val­ues lower.

    Con­gress has got­ten used to spend­ing prof­its made by the Fed. Based upon first quar­ter results the Fed is on track to turn over more than $110 bil­lion in 2011.But what hap­pens if the Fed’s prof­its sud­denly turn to losses? Will Wash­ing­ton remem­ber the Fed’s enor­mous earn­ings and cut them some slack?

    In the mafia, you are only as good as your last enve­lope. Con­gress works in much the same way. It’s a sure bet that Con­gres­sional mem­ory won’t last more than a sin­gle missed pay­ment. When the Fed stops kick­ing up to its Con­gres­sional bosses, it’s future will be in seri­ous jeopardy.

    While the Fed isn’t like any other bank in Amer­ica, it is still sub­ject to the immutable rules of math and inter­est rate risk. If the Fed starts to earn less on its invest­ments than it pays in inter­est on its deposits, it will lose money.

    That is exactly what the Fed is fac­ing when inter­est rates rise — that it will pay more for deposits than it earns on its investments.

    Taken in iso­la­tion the Fed’s bal­ance sheet looks more like an over­lever­aged hedge fund than a shin­ing exam­ple of pru­dent risk man­age­ment. The Fed has almost no cap­i­tal to back up its big macro bet on inter­est rates and the shape of the yield curve. Higher inter­est rates or an inverted yield curve where long-term assets yield less than short-term assets will cause prob­lems.
    The Fed bor­rows money by accept­ing short-term float­ing rate deposits from banks. It uses its cash to pur­chase mostly long-term fixed rate bonds. Through the mon­e­tary stim­u­lus pro­grams of QE I and QE II the Fed has pur­chased a boat load of long-term fixed rate bonds and now owns approx­i­mately $2.3 tril­lion of these assets.

    When short-term inter­est rates increase the pos­i­tive dif­fer­ence between what the Fed earns on its invest­ments over what it pays to bor­row money will shrink. If inter­est rates rise enough, the Fed will start book­ing losses.

    A sim­ple stress test on the Fed sug­gests that an increase of between 3.00% and 3.50% in the fed­eral funds rate will turn the Fed into a text book exam­ple of a Con­gres­sional bas­ket case. For the vast major­ity of the Fed’s exis­tence, the Fed­eral Funds rate was above its breakeven point of around 3.25%.

    Even worse, the Fed’s assets, Trea­sury bonds and mortgage-backed secu­ri­ties, will fall in value when inter­est rates go up. It is a uni­ver­sal bond truth that when inter­est rates rise, the mar­ket value of fixed rate invest­ments falls. Falling mar­ket val­ues will restrict is abil­ity to trade into higher yield­ing assets with­out real­iz­ing mar­ket value losses.

    Unlike all other banks, the Fed has essen­tially no equity to absorb losses. It is required by law to trans­fer the vast major­ity of its prof­its to the Trea­sury every year and as a result has only $53 bil­lion of equity back­ing up almost $2.7 tril­lion of assets. If the Fed were a pri­vate bank it would be imme­di­ately clas­si­fied as crit­i­cally under­cap­i­tal­ized and seized by regulators.

    The Fed was there for Cit­i­group and Gold­man Sachs and the entire finan­cial sec­tor but who will be there for the Fed?

    As a prac­ti­cal mat­ter the Fed can­not hedge its inter­est rate risk. While other banks can buy inter­est rate swaps, futures and options, the Fed is not like other banks and will be sub­ject to a dou­ble standard.

    The Fed will never col­lect on hedge con­tracts bought from Wall Street oli­garchs. Hedg­ing is a zero sum game —if the Fed makes money that means some­one on Wall Street loses.

    The “too big to fail” bank­ing crowd will make the Fed’s hedg­ing con­tracts uncol­lec­table in less time than it takes to clean up after a K-Street cock­tail party. There is just no way that Wall Street will vol­un­tar­ily pay the Fed a few hun­dred bil­lion when Con­gress is around for a bail out.

    I hap­pen to be a sup­porter of the Fed’s mon­e­tary pol­icy and think that Mr. Bernanke and the Fed staff have done an amaz­ing job. I am not sug­gest­ing that the Fed bal­ance sheet is out of con­trol or that they have been irre­spon­si­ble by accu­mu­lat­ing $2.3 tril­lion of assets.

    How­ever, the Fed staff just is not antic­i­pat­ing the firestorm of crit­i­cism it will receive when it stops earn­ing money for Congress.

    Mr. Bernanke has not laid the ground­work with the pub­lic for losses and is giv­ing Fed haters ample ammu­ni­tion to attack the insti­tu­tion. Just imag­ine if the Con­gress had to include fund­ing for the Fed in debt limit debate.

    In a per­fect and intel­lec­tu­ally hon­est world, losses at the Fed would be a non-event. But we don’t live in a per­fect world. The Fed is set­ting itself up for polit­i­cal oppor­tunists to take cheap shots with­out consequence.

    By not deal­ing with the cer­tain math of inter­est rate risk, Bernanke risks becom­ing the guy who gives Con­gress an excuse to end Fed independence.

  2. SEC Is Bothering With 2007 Citigroup Disclosure" rel="bookmark">Why The SEC Is Bothering With 2007 Citigroup Disclosure

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    Last week while appear­ing on FOX Busi­ness Net­work I was repeat­edly asked why the SEC was both­er­ing with a civil enforce­ment action against Cit­i­group for alleged bad 2007 mort­gage port­fo­lio dis­clo­sure. My FOX Busi­ness friends thought that the SEC’s action was dumb because the U.S. Gov­ern­ment is the largest stake­holder in Cit­i­group and effec­tively con­trols and funds the com­pany. They assumed that the SEC action could never amount to more than the SEC get­ting money from the U.S. Trea­sury through a Cit­i­group fine.

    I dis­agreed with every­one that morn­ing and shocked them by say­ing that I was wor­ried that the SEC wasn’t being tough enough.

    The SEC’s pro­posed action against Cit­i­group fits right into the model for effec­tive reg­u­la­tory enforce­ment even though my FOX friends didn’t see it.

    Dur­ing my first year of law school I learned that there are three prin­ci­pal objec­tives that every law enforce­ment and reg­u­la­tory agency needs to try to achieve. The Cit­i­group SEC action meets all three objec­tives and there­fore should be pursued.  

    • Law Enforce­ment Objec­tive #1 – Ret­ri­bu­tion

      Ret­ri­bu­tion is a nice way of say­ing pun­ish­ment, i.e., “an eye for an eye”. It is usu­ally achieved through jail time or the pay­ment of fines. The SEC action against Cit­i­group is a civil case so the pay­ment of a fine is the form of ret­ri­bu­tion being sought.

      Since the U.S. Trea­sury is the largest stake­holder in Cit­i­group, my FOX friends didn’t under­stand why a fine will pun­ish wrong doers. Every­one assumed that the fine would be indi­rectly paid by Treasury.

      Of course, the gov­ern­ment isn’t the only owner of Cit­i­group (pri­vate share­hold­ers will pay their share) and Cit­i­group does have direc­tors and officer’s insur­ance cov­er­age. Most likely the major­ity of any fine will be reim­bursed through direc­tors and offi­cers insur­ance and won’t come from the U.S. Trea­sury. While pun­ish­ment of Citibank’s insur­ers isn’t a SEC objec­tive, the insur­ance indus­try will be a lot more care­ful about mak­ing sure other com­pa­nies pay atten­tion to secu­ri­ties laws if insur­ers feel finan­cial pain.

      Also, if Cit­i­group is found to have vio­lated the secu­ri­ties laws (which is needed to assess the fine), such a find­ing will likely trig­ger Citigroup’s right to sue its for­mer employ­ees who were respon­si­ble. Also, law­suits brought by for­mer share­hold­ers against Cit­i­group and its offi­cers and direc­tors will have a much bet­ter chance of suc­cess if the SEC finds that Cit­i­group vio­lated the law and assesses civil penal­ties against the company.  

    • Law Enforce­ment Objec­tive #2 – Seg­re­ga­tion

      Seg­re­ga­tion takes place when the gov­ern­ment forces a “time out” and pre­vent­ing offend­ers from break­ing the law again and again. It is a sim­ple tech­nique that works just as well on adults as children.

      Seg­re­ga­tion often, but not always, means jail time. How­ever, with­out send­ing peo­ple to jail, law enforce­ment pro­fes­sion­als can seg­re­gate non-violent offend­ers and stop future bad actions. As an exam­ple, a dri­ver who receives too many speed­ing tick­ets can lose his license and be given a time out from dri­ving too fast. And, a stock bro­ker who repeat­edly lies to his clients can be given a time out from being a stock bro­ker and won’t have the oppor­tu­nity to lie to more clients.

      The SEC has the author­ity to force Cit­i­group employ­ees to take a time out from being direc­tors or exec­u­tive offi­cers of another pub­licly traded company.

      While the SEC is not alleg­ing that Citigroup’s 2007 mort­gage port­fo­lio dis­clo­sures were crim­i­nal, they are say­ing that they were wrong and didn’t com­ply with secu­ri­ties law. A find­ing of civil lia­bil­ity is more than enough for the SEC to force a per­ma­nent time out for Citigroup’s offi­cers and direc­tors that were respon­si­ble for the 2007 mort­gage disclosures.  

    • Law Enforce­ment Objec­tive #3 — Deter­rence

      Deter­rence is achieved when poten­tial wrong doers are afraid of pun­ish­ment if they are caught and there­fore try to avoid doing bad things.

      If the SEC gives Cit­i­group and its exec­u­tives a “get out of jail free” card because of the bailout, the SEC will set a bad prece­dent for other com­pa­nies in which the U.S. gov­ern­ment has a finan­cial stake. And that prece­dent will be looked at by mil­lions of employ­ees who work at com­pa­nies in which the U.S. gov­ern­ment has a direct or indi­rect stake. The SEC needs to make sure that it doesn’t con­vert finan­cial bailouts into an immu­nity and par­don program.

      Deter­rence is a very per­sonal thing; in lit­tle kids and adults alike, the fear of being caught and pun­ished is what often deters peo­ple from doing bad things. Con­cern for con­se­quences has to be the same for com­pa­nies in which the gov­ern­ment has a stake as for com­pa­nies in which the gov­ern­ment doesn’t have a stake. The SEC needs to draw a line in the sand and show that they aren’t a paper tiger when the gov­ern­ment has an investment.  

    The thing that I found most unset­tling about my con­ver­sa­tions last week at FOX, both on and off air, was how much our cul­ture had changed since the bank and thrift cri­sis of the 1980s. Back then it was a cer­tainty that if a banker was sus­pected of vio­lat­ing any secu­ri­ties or bank­ing law he would be inves­ti­gated and pros­e­cuted. And, if investors lost bil­lions or the gov­ern­ment had to step in with aid there were def­i­nitely going to be con­se­quences. Today, enforce­ment is some­thing to be debated and, appar­ently, it is accept­able for some indi­vid­u­als and cor­po­ra­tions not to be held respon­si­ble for their bad actions.

    The long term sur­vival of the U.S. as an eco­nomic super­power depends upon the integrity of our finan­cial mar­kets and every­one needs to take for granted that secu­ri­ties laws will be enforced. The con­se­quences of vio­lat­ing the law can’t be dif­fer­ent for dif­fer­ent com­pa­nies. Any­thing short of vig­or­ous enforce­ment is incon­sis­tent with the U.S. retain­ing its spe­cial place in the global econ­omy and our cul­ture of fun­da­men­tal fairness.

  3. Mark to Market Accounting Is Still Out Of Control And Is Spreading To Main Street

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    The account­ing pro­fes­sion still hasn’t got­ten mark to mar­ket account­ing right. The rules and their appli­ca­tion remain a seri­ous dan­ger to the econ­omy and gov­ern­ment inter­ven­tion is needed to save Main Street from being the next vic­tim of fair value account­ing. On April 9, 2009 the most recent changes to mark to mar­ket account­ing were announced and restored a lit­tle san­ity to account­ing; just not enough to declare vic­tory in this ongo­ing war against account­ing ter­ror­ism. Most peo­ple don’t real­ize that the adop­tion of FAS 141R gov­ern­ing merger and acqui­si­tion account­ing moved the bat­tle from Wall Street to Main Street. At the same time, new con­flict lines on Wall Street are form­ing around the recent earn­ings releases of Mor­gan Stan­ley and Cit­i­group. Both com­pa­nies had absolutely pre­pos­ter­ous fair value account­ing dis­clo­sure that dis­torted their earn­ings. Sur­pris­ingly, within Wall Street, fan­tasy account­ing seems to be mak­ing a come­back over com­mon sense. Amer­ica needs to stop account­ing insan­ity before fair value accoun­tants enslave what is left of the U.S. economy.

    The Newest Wall Street Bat­tle — The Fan­tasy Of Mark­ing Lia­bil­i­ties To Mar­ket

    In the last two weeks the U.S wit­nessed sup­pos­edly seri­ous account­ing pro­fes­sion­als try to explain how finan­cial dis­clo­sure is enhanced when com­pa­nies pre­tend that they aren’t going to pay back their debts. In the “make believe” world of fair value account­ing mark­ing lia­bil­i­ties to mar­ket is done as lia­bil­i­ties are assets (which they aren’t) that can be traded by the report­ing com­pany. It is the appli­ca­tion of this rule that ren­dered Mor­gan Stan­ley and Citigroup’s earn­ings announce­ments rub­bish. Even worse, the exam­ples of Mor­gan Stan­ley and Cit­i­group under­mine the integrity of the finan­cial report­ing of every pub­lic com­pany in the United States.

    The rule on mark­ing lia­bil­i­ties to mar­ket is just plain ridicu­lous. It nei­ther pro­motes trans­parency nor pro­duces any­thing resem­bling rea­son­able account­ing accu­racy. Basi­cally, if a borrower’s lia­bil­i­ties are trad­ing at a pre­mium or a dis­count to the value that is shown on the borrower’s bal­ance sheet, the bor­rower is sup­posed to rec­og­nize either a gain or a loss on those lia­bil­i­ties as if they either aren’t going to pay back their debts or as if they are going to pay more than owed.

    As an exam­ple, if a fic­ti­tious com­pany called “Sun­shine Inc.” were to bor­row $100 in the pub­lic debt mar­kets and the trad­ing price of this debt were to decline to $80 then Sun­shine Inc. would rec­og­nize a $20 gain on its lia­bil­i­ties as if it had repur­chased them in the mar­ket. It doesn’t make a dif­fer­ence if Sun­shine Inc. actu­ally has the cash or intent to retire its lia­bil­i­ties, merely its debt trad­ing at $80 is enough to trig­ger a gain. That is what Cit­i­group did in the first quar­ter. Its lia­bil­i­ties traded at a dis­count and it rec­og­nized a gain of about $2.5 bil­lion in a quar­ter when, on a con­sol­i­dated basis, the whole com­pany earned about $1.5 bil­lion. That means, with­out the make believe of fair value account­ing, Cit­i­group lost a lot of money in the first quarter.

    On the other hand, if the debts of Sun­shine Inc. were to mag­i­cally trade up in the mar­ket then Sun­shine Inc. would record a hit to earn­ings. And, that is what hap­pened to Mor­gan Stan­ley; they pre­vi­ous rec­og­nized val­u­a­tion allowances on its lia­bil­i­ties and, much to its sur­prise, the trad­ing price of its debt went up. As a result, Mor­gan Stanley’s first quar­ter earn­ings were trashed when it rec­og­nized a $1.5 bil­lion hit to rev­enue. Because of fair value account­ing Mor­gan Stan­ley reported a loss of $177 mil­lion for the first quarter.

    Nei­ther Mor­gan Stan­ley nor Citigroup’s earn­ings announce­ments made any sense, pro­vided trans­parency or improved the cred­i­bil­ity of man­age­ment. Noth­ing hap­pened to either company’s oper­a­tions, cash flow or asset val­ues dur­ing the first three months of 2009 that should have caused either account­ing adjust­ment. What Mor­gan Stan­ley and Cit­i­group did is almost the same as writ­ing up or down share­hold­ers equity because of changes in the price of their stock on the NYSE (which of course makes no sense either).

    The Main Street Bat­tle — FAS 141R’s Sneak Attack On Cor­po­rate Amer­ica

    Almost unno­ticed in all of the mark to mar­ket hype is FAS Rule 141R. This rule repealed merger and acqui­si­tion account­ing as most peo­ple know it and replaced the old rules with new guid­ance that is about as clear as mud. But unlike most of the other mark to mar­ket rules that only attacked the nation’s finan­cial sec­tor, FAS 141R is like a guided mis­sile track­ing right down the mid­dle of Main Street.

    The rea­son that FAS 141R hasn’t got­ten a lot of press is that no one under­stands it. And, I include myself in the group of “con­fused” because, despite my best efforts, I don’t under­stand how the rule is sup­posed to be applied. I have attended sem­i­nars on FAS 1414R and have read mul­ti­ple pre­sen­ta­tions on it. While I don’t believe I am the smartest per­son in the world, I do believe I am a trained finan­cial pro­fes­sional and, since the late 1970s, account­ing has been a lan­guage that I thought I under­stood. I received a degree in account­ing from the Whar­ton School and taught account­ing at the col­lege level. I prac­ticed account­ing at Coop­ers & Lybrand (in a bygone era of the Big 8 Account­ing firms) and have been what I hope was an effec­tive and good CFO of two com­pa­nies (one of which was NYSE traded). But, no mat­ter how hard I try I can’t under­stand the new rules and haven’t found any­one who, after I ask a few ques­tions, under­stands them either.

    There is no way account­ing rules can be defined as “good” when they are so com­pli­cated that nor­mal busi­ness peo­ple can’t under­stand them. The con­clu­sion that I have come to is that FAS 141R is a sneak attack on Main Street.

    Per­haps the best descrip­tion of the new merger and acqui­si­tion rules is the sum­mary of FAS 141R that KPMG pro­vides on its web site. Set forth below are excerpts (I added the emphasis).

    The stan­dards will have a
    per­va­sive impact on account­ing prac­tices that have been well under­stood for many years. The changes intro­duced by the new stan­dards are likely to affect the plan­ning and exe­cu­tion, as well as the account­ing and dis­clo­sure, of merger transactions…

     

    FAS 141R con­tin­ues the evo­lu­tion toward fair value report­ing and sig­nif­i­cantly changes the account­ing for acqui­si­tions that close begin­ning in 2009, both at the acqui­si­tion date and in sub­se­quent peri­ods. The stan­dard intro­duces new account­ing con­cepts and val­u­a­tion com­plex­i­ties, and many of the changes have the poten­tial to gen­er­ate greater earn­ings volatil­ity after the acquisition…

     

    The new rules change which trans­ac­tions are going to be regarded as busi­ness com­bi­na­tions and expands the scope of mark to mar­ket account­ing to all of the assets and lia­bil­i­ties of the acquired busi­ness.

     

    Mark to mar­ket account­ing is no longer the enemy of just Wall Street; now all U.S. com­pa­nies that hope to ever do a merger or acqui­si­tion can look for­ward to spend­ing qual­ity time with their accoun­tants dis­cussing the finer points of liq­ui­da­tion value account­ing. And, since pretty much every U.S. com­pany will sooner or later either acquire another com­pany or be acquired, mark to mar­ket account­ing is the guided mis­sile that will cre­ate havoc for all.

    I can’t wait to hear the howl of pain when the CEO’s of indus­trial com­pa­nies try to fig­ure out the fair value of assets that have no trad­ing mar­ket and make no sense to be val­ued at the “price some­one will pay for them in the mar­ket” out­side of a going con­cern, and more par­tic­u­larly the exist­ing going con­cern. Wait until CEO’s and CFO’s are asked about the mar­ket value of used soft­ware, com­put­ers, desks, engi­neer­ing draw­ings. “Not much” is the “fair value” of most used hard assets when val­ued asset by asset, desk by desk, com­puter by computer.

    So, in a haze of obscu­rity, con­fu­sion and com­pli­ca­tion, mark to mar­ket account­ing is mor­ph­ing from a Wall Street prob­lem into a Main Street attack. It won’t be long before man­agers and exec­u­tives of indus­trial com­pa­nies com­plain that they are man­ag­ing their com­pa­nies to sat­isfy the mark to mar­ket accountants.

    We need to get con­trol of the accoun­tants who are mak­ing up these amaz­ingly dumb and incom­pre­hen­si­ble rules. Account­ing is out of con­trol and unless the dia­logue changes to one of sim­plic­ity and san­ity sooner or later account­ing rules will burn us all.

  4. Why Can’t We Learn From History? A Joint Post by Mark Sunshine and Ira Artman

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    In 1998 the cur­rent bank­ing cri­sis was both pre­dictable and pre­dicted by Con­gres­sional lead­ers and a future Comp­trol­ler of the Currency.

    In April, 1998 the House Com­mit­tee on Bank­ing & Finan­cial Ser­vices held hear­ings where “lessons” from the 1980s bank and thrift cri­sis were dis­cussed and fears of indus­try con­sol­i­da­tion were expressed. Hear­ings tran­scripts clearly demon­strate that the United States learned impor­tant lessons in the 1980s and 1990s…and then promptly for­got them.

    The chill­ing 1998 tran­script pro­vides a roadmap for how to avoid blow­ing up banks and tak­ing down the econ­omy. But, instead of learn­ing from the past, bank­ing reg­u­la­tors and other politi­cians from both par­ties veered off course and drove the econ­omy into the ditch.

    The back­drop for the 1998 hear­ings was a wave of mas­sive con­sol­i­da­tion of the bank­ing indus­try and con­cern that sys­temic risk was being cre­ated by insti­tu­tions that were“too big to fail”.

    Dur­ing the 1998 hear­ing John Hawke, then Under Sec­re­tary of the Trea­sury and soon to be Comp­trol­ler of the Cur­rency until 2004 stated:

    “… I would say that we have a lot to learn from the expe­ri­ence of the 1980’s, but I think prin­ci­pal among the things we have to learn is that you can’t deal effec­tively with an indus­try like the sav­ings and loan indus­try when it is already insolvent.

    That was the prob­lem that Con­gress faced. The indus­try was insol­vent by 1980, and we were all pre­tend­ing that it wasn’t. We tried to deal with reme­dies that were intended to gam­ble on an insol­vent indus­try pulling itself out of insolvency.

    I think the con­gres­sional response in later years, putting empha­sis on the main­te­nance of high lev­els of cap­i­tal, putting empha­sis on prompt cor­rec­tive action and on bet­ter dis­clo­sure, is a marked change from what hap­pened dur­ing the expe­ri­ence of the 1980’s.

    When an indus­try or insti­tu­tion is insol­vent, it is too late to try to bring reme­dies to bear, and reg­u­la­tion and super­vi­sion should be aimed at pre­vent­ing insol­vency and bring­ing mar­ket forces to bear, so that we are not deal­ing with insti­tu­tions that have no net worth left. That was the prob­lem of the 1980’s.”

    Con­gress­woman Car­olyn Mal­oney knew what to do with insol­vent banks, i.e., shift losses to:

    “…the per­son who is ini­ti­at­ing the risk and make them real­ize they will have to pay for it…if you make a mis­take, if you squan­der money, take all these out­ra­geous risks, they…are going to have to pay for it, not the Amer­i­can taxpayer…”

    Rep­re­sen­ta­tive Joseph Kennedy under­stood sys­temic risks of putting together larger and larger insti­tu­tions. Of course, the bank­ing estab­lish­ment con­sid­ered Kennedy a light­weight intel­lec­tual pop­ulist who opposed finan­cial inno­va­tion (like sub-prime mort­gages and preda­tory lend­ing). But, as it turns out Kennedy may have been the smartest guy in the room. In 1998 he said

    “…Some­times when I look at what has hap­pened in the bank­ing world in the last cou­ple of months, I think that maybe the chair­men of these banks have just got­ten a pre­scrip­tion for the Via­gra pill. I think every time I turn around they are grow­ing and grow­ing, but I don’t know what is going to come of it.

    Mega-merger mania is the new Beanie Baby of the Amer­i­can finan­cial scene; every­body has got to have one, but at the end of the day they are not worth very much…”

    Kennedy under­stood that big­ger isn’t bet­ter and size isn’t the same thing as value.

    The Late Con­gress­man Bruce Vento agreed with Kennedy when he said:

    “…I am con­cerned about mega-anything, espe­cially mega-entities with deposit insur­ance backed by the tax­payer and an implicit moral haz­ard phe­nom­e­non that is assumed.”

    But Con­gress­man Mau­rice Hinchey voiced the most unset­tling and pre­dic­tive words of the 1998 hear­ings. He wor­ried about Cit­i­group and its rel­a­tive power and sheer size (at the time Cit­i­group had acquired Trav­el­ers Insur­ance and was try­ing to get Glass Stea­gall leg­is­la­tion revoked) when he stated:

    “…the Cit­i­group com­pa­nies are essen­tially play­ing a very expen­sive game of chicken with Congress…”

    His­tory repeats itself and Cit­i­group and other mega insti­tu­tions are again play­ing chicken with Con­gress. Destruc­tion of the U.S. econ­omy is threat­ened if they are not bailed out.

    Next week the United States will debate how to fix the banks. The nation will be given the false choice of either:

    • eco­nomic ruin; or
    • sav­ing share­hold­ers of fail­ing banks through the for­ma­tion of a “bad bank”.

    The debate will employ politically-charged words like “nation­al­ize” and “social­ize” to describe what hap­pens to banks that are actu­ally “insol­vent” and “failing”.

    Insti­tu­tions resist­ing seizure will imply that their com­pa­nies have value which the Gov­ern­ment wants to unfairly expro­pri­ate. Com­mu­nist regimes and tin pan dic­ta­tors “nation­al­ize” prof­itable com­pa­nies. But, the banks that are in trou­ble aren’t prof­itable and aren’t able to sur­vive with­out gov­ern­ment assis­tance. The com­pa­nies at risk of seizure don’t have enough net worth to sur­vive as going concerns.

    Pro­fes­sor Nouriel Roubini and other non-establishment econ­o­mists have been pushed aside as they plead with lead­ers to stop play­ing along with fail­ing bank man­age­ments and face real­ity. But, as in 1980, reg­u­la­tors and polit­i­cal lead­ers don’t want to admit the obvi­ous about insol­vent insti­tu­tions. Instead, just like in the 1980s they seem will­ing to bet that insol­vent banks will some­how pull them­selves out of trou­ble with­out going through the pain of res­o­lu­tion. It isn’t a bet that has worked in the past.

    The “bad bank” that the Obama Admin­is­tra­tion is con­sid­er­ing is a bad idea that per­pet­u­ates the fic­tion of solvency.

    A good idea (and one that worked in the past) would be to form a “bad bank” that acquires bad assets from insol­vent insti­tu­tions fol­low­ing their seizure by the FDIC.

    What is at stake is who ben­e­fits from the clean­ing up of the bank­ing sec­tor, cur­rent share­hold­ers or taxpayers?

    It’s pretty clear that the mem­bers of the 1998 House Finan­cial Ser­vices Com­mit­tee would have voted that tax­pay­ers should get the ben­e­fit from the bad bank clean-up, since the tax­pay­ers accepted the risk and paid the cost.

    It is a shame that each gen­er­a­tion of bank­ing reg­u­la­tors and polit­i­cal lead­er­ship has the oppor­tu­nity to relearn the lessons of the past at the expense of the cit­i­zens of the United States. It would be bet­ter, and cheaper, if each gen­er­a­tion sim­ply stud­ied the past and stopped redis­cov­er­ing the obvi­ous truth “that you can’t deal with an indus­try when it is already insolvent”.

  5. MINIMUM STANDARDS FOR CEOs OF GLOBAL BANKSWHAT SHOULD THEY KNOW ABOUT LEVERAGE?" rel="bookmark">MINIMUM STANDARDS FOR CEOs OF GLOBAL BANKSWHAT SHOULD THEY KNOW ABOUT LEVERAGE?

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    I have been an out­spo­ken critic of too much lever­age in the finan­cial sys­tem for the past sev­eral years. On CNBC and Fox Busi­ness Net­work I have spo­ken out against the dan­gers of bank and bro­ker­age over lever­age and sug­gested that such over lever­age could cause a repeat of the Great Depres­sion. Like a giant oil slick, the finan­cial ser­vices sec­tor of the United States has been an inch deep and a mile wide for years. Clips of some of those inter­views can be found at http://www.firstcapital.com/financial_news.html. Reg­u­la­tors don’t seem to care about man­age­ment strate­gies that have dri­ven the econ­omy into the ditch and share­hold­ers don’t seem wor­ried about man­agers that lack both com­mon sense and basic finan­cial training.

    The events of the last 12 months have seemed so unbe­liev­able to me that I have started to won­der if there are ANY min­i­mum stan­dards of knowl­edge and train­ing to be the CEO or CFO of a global United States based finan­cial institution.

    Many jobs in the United States have min­i­mum edu­ca­tional and train­ing stan­dards. Doc­tors attend med­ical school and get licensed. Lawyers are trained in law school and take the Bar Exam­i­na­tion. Even the peo­ple that take care of our pets, fix toi­lettes and build our houses have stan­dards that they must meet before they can hold them­selves out as experts.

    But, what about the exec­u­tives of large banks and bro­ker­ages? What are their min­i­mum edu­ca­tional or com­pe­tency stan­dards and do they meet such standards?

    It turns out that pretty much the answer is CEOs and CFOs do not pass any exam­i­na­tion, are not licensed and have no min­i­mum edu­ca­tional stan­dard. Who is qual­i­fied to be a bank CEO or CFO has been pretty much left up to the Board of Direc­tors of each institution.

    With no “national stan­dard” for bank and bro­ker­age CEOs and CFOs I decided that I would cre­ate my own stan­dards and bench­marks for mea­sur­ing com­pe­tence. So, this blog is about the stan­dards that I think should apply to the lead­ers of global finan­cial insti­tu­tions and whether or not CEOs/CFOs meet such standards.

    • Edu­ca­tion. I think that edu­ca­tional stan­dards fly in the face of this country’s “Hor­a­tio Alger” ethic and are “elit­ist”. After all, Abe Lin­coln only had about 1 year of for­mal edu­ca­tion and was per­haps the great­est Pres­i­dent of the United States (http://showcase.netins.net/web/creative/lincoln/education/glance.htm). Lin­coln prob­a­bly could have run a bank or bro­ker­age (after all he ran a civil war). Vin­cent McMa­hon, CEO of World Wrestling Enter­tain­ment, is able to run a large and suc­cess­ful cor­po­ra­tion and he prob­a­bly doesn’t have any for­mal edu­ca­tions (other than per­haps in phar­ma­col­ogy). If McMa­hon can run wrest­ing he can run a bank. George Bush went to col­lege (and grad­u­ate school) but pre­tends that he didn’t. Pres­i­dent Bush runs a whole coun­try!! And, Howard Hughes didn’t grad­u­ate from col­lege even though he was pretty smart. I am cer­tain Mr. Hughes could have been a banker in today’s environment.

       

      And, since col­lege isn’t required nei­ther should knowl­edge of eco­nom­ics, finance, account­ing or eco­nomic his­tory. Nor will require­ments include higher level math such as Alge­bra, cal­cu­lus or sta­tis­tics. CEO/CFO can­di­dates shouldn’t be expected to mas­ter more than basic addi­tion, sub­trac­tion, mul­ti­pli­ca­tion and divi­sion (with a calculator).

       

    • Work expe­ri­ence and/or appren­tice­ship require­ments. Abe Lin­coln didn’t have a lot of exec­u­tive expe­ri­ence before being Pres­i­dent, so nei­ther should bank CEOs/CFOs. Hedge fund man­agers, i.e., the “Kings” of cor­po­rate finance, don’t need any prior expe­ri­ence (and many of them don’t have any). So why should a higher stan­dard be imposed on CEOs/CFOs of global finan­cial insti­tu­tions?

       

    • Min­i­mum read­ing and gen­eral knowl­edge and where to find it. There are some stan­dards that I think should apply in terms of gen­eral knowl­edge and min­i­mum read­ing mate­r­ial. How­ever, given no real edu­ca­tion, work expe­ri­ence or appren­tice­ship require­ments, these stan­dards need to be “rea­son­able”.

      After reject­ing the local pub­lic library as a source of read­ing mate­r­ial for high level finan­cial exec­u­tives (remem­ber I want to have rea­son­able stan­dards for our nation’s finan­cial lead­ers and most books in the library have “big words”), I decided to go to Barnes and Noble. If it is impor­tant to know it is prob­a­bly found in the exten­sive selec­tion at Barnes and Noble.

    In the busi­ness sec­tion of Barnes and Noble I found two busi­ness books that seem per­fect. Nei­ther book used big words or a required lot of math, and to under­stand them an advanced degree (like an Associate’s Degree from Palm Beach County Com­mu­nity Col­lege) wasn’t required.

    The first book I chose, The Lit­tle Book of Value Invest­ing is part of the “Lit­tle Book” series pub­lished by Wiley.

    In the dust cover the pub­lish­ers ask “Do you care about your money?” Well, bank and bro­ker­age CEOs and CFOs are sup­pose to care about money. The pub­lish­ers claim that that only an IQ of 125 is nec­es­sary to under­stand the book. In fact, The Lit­tle Book of Value Invest­ing says that that any IQ greater than 125 is “wasted.” Well, an IQ require­ment was a new con­cept but one that I decided is rea­son­able. But what “sealed the deal” for The Lit­tle Book was the fact that the pub­lish­ers claim that the reader will “[learn] to put your money to work like a banker” (and since we are search­ing for proper stan­dards of knowl­edge for bank CEOs and CFOs….). And, for read­ers that have trou­ble read­ing, there is an audio ver­sion of this book. Barnes and Noble fea­tures The Lit­tle Book of Value Invest­ing on their web site at http://search.barnesandnoble.com/booksearch/results.asp?WRD=the+little+book+of+value+investing.


     

    The sec­ond book, Value Invest­ing for Dum­mies, is even more nat­ural for money cen­ter bank CEOs/CFOs. Value Invest­ing for Dum­mies claims to teach how to “detect hid­den agen­das in finan­cial reports.”, “under­stand finan­cial state­ments” and “assess a company’s value”. The book explains “fun­da­men­tals and intan­gi­bles”, has “tear-out cheat sheet(s)” and fea­tures “a dash of humor and fun”.

    The Dum­mies series of books are well known ref­er­ence books for dis­cern­ing read­ers and learn­ers. After all, the Dum­mies series has mas­tered such eso­teric and dif­fi­cult top­ics such as sea­sonal addic­tive dis­or­ders in their Sea­sonal Addic­tive Dis­or­ders for Dum­mies (a must read for all men­tal health pro­fes­sion­als), the conun­drum of the human genome in their ground­break­ing Genet­ics for Dum­mies work (I under­stand it is required read­ing at most med­ical schools), the mys­tery of the 1980s per­sonal com­puter in their newly revised DOS for Dum­mies (finally an easy to under­stand ref­er­ence book for peo­ple with a com­puter pho­bia) and how to kill time while wait­ing in an air­port in the sem­i­nal work Su Doku for Dum­mies (if only I had this on my last trip to Asia). The most author­i­ta­tive list of Dum­mie books can be found on the Barnes and Noble web site at http://browse.barnesandnoble.com/browse/nav.asp?visgrp=nonfiction&n=1000005131&ne=1000005131&Ns=SERIES_NUMBER.


     

    So, what about those min­i­mum stan­dards for the global finan­cial leaders?

    What should they know about leverage?

    Accord­ing to The Lit­tle Book of Value Invest­ing quite a bit.

    In the “Lit­tle Book” chap­ter titled “Sift­ing Out the Fool’s Gold” I learned

    The first and most toxic rea­son that [com­pa­nies don’t do well] is too much debt. In good times, com­pa­nies with decent cash flow may bor­row large amount of money on the the­ory that if they con­tinue to grow, they can meet the inter­est and prin­ci­pal pay­ments in the future. Unfor­tu­nately, the future is unknow­able, and com­pa­nies with too much debt have a much smaller chance of sur­viv­ing and eco­nomic downturn.”

    The Lit­tle Book chap­ter titled “Give the Com­pany a Phys­i­cal” con­tin­ues to teach and illu­mi­nate in terms that every­one can understand.

    Much as a doc­tor con­sults patients’ charts to see what con­di­tion they are in, look to the bal­ance sheet to see what shape the com­pany is in. The doc­tor needs to know all the vital signs to make a diag­no­sis. A bal­ance sheet is effec­tively a company’s med­ical chart….”

    Read­ers are told that they

    ….want to make sure that the com­pany is not overly bur­dened with debt, and that there is enough cap­i­tal to stay in busi­ness dur­ing bad times.”

    Lever­age trends are iden­ti­fied as impor­tant in the Lit­tle Book when it con­tin­ues to state

    …it is use­ful to observe trends over the past few years. Are lia­bil­i­ties grow­ing faster than assets? This could be an indi­ca­tion that the com­pany has to bor­row more and more money just to stay afloat…”

    How­ever, Mr. Browne (the author of the Lit­tle Book) appears to be a purest (which is per­haps a con­tro­ver­sial posi­tion) when he states that he

    …prefer(s) to sub­tract intan­gi­ble assets from [equity]” when cal­cu­lat­ing the amount of debt to equity because equity less intan­gi­bles gives him “…a bet­ter pic­ture of how much actual equity there is in a com­pany that could poten­tially be real­ized if needed.”

    The Lit­tle Book of Value Invest­ing con­tin­ues to warn

    In gen­eral a high debt-to-equity ratio means that a com­pany has been financ­ing its growth by bor­row­ing. Lever­ag­ing the com­pany by increas­ing debt lev­els is a double-edged sword….there is a real dan­ger of default and bank­ruptcy down the road. The less debt on the bal­ance sheet, the grater the mar­gin of safety.”

    In con­clu­sion the Lit­tle Book points out

    A strong bal­ance sheet is a good indi­ca­tor of a company’s sta­mina, its abil­ity to sur­vive when the going gets tough.”

    Value Invest­ing for Dum­mies has sim­i­lar lessons for CEOs/CFOs when in “Fun­da­men­tals for Fun­da­men­tal­ists” it asks and answers the “age old” ques­tion of “How much [debt] is too much?”

    [The] exces­sive use of debt sig­nals poten­tial dan­ger if things don’t turn out the way a com­pany expects them to. Lever­age is a good thing when things are going a company’s way. Debt financ­ing can be used to pro­duce more ….profit and, in the end, a big­ger business….But as every­one knows, this can work the other way….Industry stan­dards and com­mon sense apply to debt-to equity ratios.?”

    Later in Value Invest­ing for Dum­mies the reader is again warned that

    Finan­cial lever­age can be a good thing – to a point, and as long as things are going well.”

    So, how do the CEOs/CFOs some lead­ing banks and bro­ker­age firms stand up the stan­dard of know­ing and apply­ing the infor­ma­tion found in The Lit­tle Book of Value Invest­ing and Value Invest­ing for Dum­mies?

    Let’s start with the man­age­ment team from Bear Stearns. As it turns out, when it failed Bear Stearns had the high­est debt lev­els of any of the major bro­ker­age firms. At 33.53 to 1 at the end of 2007 Bear Stearns was mas­sively over­lever­aged and appar­ently didn’t under­stand that with so much debt “there [was] a real dan­ger of default and bank­ruptcy down the road.” (from The Lit­tle book of Value Invest­ing). And the trends for the past 5 years of lever­age were bad. Man­age­ment didn’t real­ize that they were increas­ing the risk of a fail­ure and up until the very end had lit­tle idea of the trou­ble that they were in. More­over, com­mon sense would sug­gest that when the com­pany was “burn­ing down” play­ing tour­na­ment bridge prob­a­bly wasn’t the best crises man­age­ment strat­egy. Clearly, the man­age­ment team at Bear Stearns needed to spend some time at Barnes and Noble hon­ing their skills and as a result failed the com­pe­tency test (not a big surprise).

    The Lehman Broth­ers team in place dur­ing 2007 also failed the com­pe­tency test. With lever­age at approx­i­mately 30.70 to 1 (and hav­ing added mate­r­ial amounts of addi­tional lever­age dur­ing 2005, 2006 and 2007) they only seem to have a mar­gin­ally bet­ter under­stand­ing about risk and lever­age than the Bear Stearns team (maybe that is why Lehman Broth­ers almost failed like Bear Stearns). How­ever, Lehman’s new CFO Erin Callan seems to pass the com­pe­tency test. Since she took over as CFO the firm has been reduc­ing its debt bur­den while at the same time increas­ing its equity and improv­ing its “Net Lever­age” ratio by almost 25%. By the way, Erin under­stands that when cal­cu­lat­ing Net Lever­age she is sup­posed to deduct good­will and other intan­gi­bles from equity as sug­gested by The Lit­tle Book. Erin appears to be the star of the Lehman Broth­ers exec­u­tive suit.

    At Cit­igoup the team headed up by Chuck Prince clearly didn’t
    know what was in either the Dum­mie or the Lit­tle Book series and were appro­pri­ately ter­mi­nated. How­ever, the new team lead by Vikram Pan­dit seems to have the “right stuff.” He is rais­ing cap­i­tal and reduc­ing debt as fast as humanly pos­si­ble. I guess his team has been hang­ing out at the Starbuck’s in his neigh­bor­hood Barnes and Noble.

    What about First Cap­i­tal? First Cap­i­tal oper­ates at a Net Lever­age Ratio of about 3 to 1 (which is about 1/10th of Lehman Broth­ers’ ratio after Ms. Callan began to per­form her magic and 1/15th of Citigroup’s Net Lever­age Ratio at Decem­ber 31, 2007). We didn’t increase our lever­age over the last 5 years and are care­ful to man­age both debt and equity to main­tain what is con­sid­ered to be a “fortress” bal­ance sheet. I guess we pass the lever­age com­pe­tence test.

    In future blogs I will dis­cuss addi­tional CEO/CFO com­pe­tency tests using cri­te­ria found in The Lit­tle Book of Value Invest­ing and Value Invest­ing for Dum­mies. I am con­fi­dent that First Cap­i­tal will con­tinue to pass the test but less con­fi­dent about others.