Subprime mortgage crisis solutions debate
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The Subprime mortgage crisis solutions debate discusses various actions and proposals by economists, government officials, journalists, and business leaders to address the
subprime mortgage crisis The United States subprime mortgage crisis was a multinational financial crisis that occurred between 2007 and 2010 that contributed to the 2007–2008 global financial crisis. It was triggered by a large decline in US home prices after the col ...
and broader
financial crisis of 2007–08 Finance is the study and discipline of money, currency and capital assets. It is related to, but not synonymous with economics, the study of production, distribution, and consumption of money, assets, goods and services (the discipline of f ...
.


Overview

The debate concerns both immediate responses to the ongoing
subprime mortgage crisis The United States subprime mortgage crisis was a multinational financial crisis that occurred between 2007 and 2010 that contributed to the 2007–2008 global financial crisis. It was triggered by a large decline in US home prices after the col ...
, as well as long-term reforms to the global financial system. During 2008–2009, solutions focused on support for ailing financial institutions and economies. During 2010, debate continued regarding the nature of reform. Key points include: the split-up of large banks; whether depository banks and investment banks should be separated; whether banks should be able to make risky trades on their own accounts; how to wind-down large investment banks and other non-depository financial institutions without taxpayer impact; the extent of financial cushions that each institution should maintain (leverage restrictions); the creation of a consumer protection agency for financial products; and how to regulate derivatives. Critics have argued that governments treated this crisis as one of investor confidence rather than deeply indebted institutions unable to lend, delaying the appropriate remedies. Others have argued that this crisis represents a reset of economic activity, rather than a recession or cyclical downturn. In September 2008, major instability in world financial markets increased awareness and attention to the crisis. Various agencies and regulators, as well as political officials, began to take additional, more comprehensive steps to handle the crisis. To date, various government agencies have committed or spent trillions of dollars in loans, asset purchases, guarantees, and direct spending. For a summary of U.S. government financial commitments and investments related to the crisis, se
CNN – Bailout Scorecard
In the U.S. during late 2008 and early 2009, President Bush's $700 billion
Troubled Asset Relief Program The Troubled Asset Relief Program (TARP) is a program of the United States government to purchase toxic assets and equity from financial institutions to strengthen its financial sector that was passed by Congress and signed into law by President ...
(TARP) was used to re-capitalize ailing banks through the investment of taxpayer funds. The U.S. response in 2009, orchestrated by U.S. Treasury Secretary
Timothy Geithner Timothy Franz Geithner (; born August 18, 1961) is a former American central banker who served as the 75th United States Secretary of the Treasury under President Barack Obama from 2009 to 2013. He was the President of the Federal Reserve Bank ...
and supported by President
Barack Obama Barack Hussein Obama II ( ; born August 4, 1961) is an American politician who served as the 44th president of the United States from 2009 to 2017. A member of the Democratic Party (United States), Democratic Party, Obama was the first Af ...
, focused on obtaining private sector money to recapitalize the banks, as opposed to bank nationalization or further taxpayer-funded capital injections. In an April 2010 interview, Geithner said: "The distinction in strategy that we adopted when we came in was to try and maximize the chance that capital needs could be met privately, not publicly." Geithner used "stress tests" or analysis of bank
capital requirement A capital requirement (also known as regulatory capital, capital adequacy or capital base) is the amount of capital a bank or other financial institution has to have as required by its financial regulator. This is usually expressed as a capital ...
s to encourage private investors to re-capitalize the banks to the tune of $140 billion. Geithner has strenuously opposed actions that might interfere with private recapitalization, such as stringent pay caps, taxes on financial transactions, and the removal of key bank leaders. Geithner acknowledges this strategy is not popular with the public, which wants more draconian reforms and the punishment of bank leaders. President Obama and key advisors introduced a series of longer-term regulatory proposals in June 2009. The proposals address consumer protection,
executive pay Executive compensation is composed of both the financial compensation (executive pay) and other non-financial benefits received by an executive from their employing firm in return for their service. It is typically a mixture of fixed salary, variab ...
, bank financial cushions or capital requirements, expanded regulation of the
shadow banking system The shadow banking system is a term for the collection of non-bank financial intermediaries (NBFIs) that provide services similar to traditional commercial banks but outside normal banking regulations. Examples of NBFIs include hedge funds, in ...
and derivatives, and enhanced authority for the
Federal Reserve The Federal Reserve System (often shortened to the Federal Reserve, or simply the Fed) is the central banking system of the United States of America. It was created on December 23, 1913, with the enactment of the Federal Reserve Act, after a ...
to safely wind-down systemically important institutions, among others.Washington Post – Geithner & Summers – A New Financial Foundation
/ref> Geithner testified before Congress on October 29, 2009. His testimony included five elements he stated as critical to effective reform: # Expand the
Federal Deposit Insurance Corporation The Federal Deposit Insurance Corporation (FDIC) is one of two agencies that supply deposit insurance to depositors in American depository institutions, the other being the National Credit Union Administration, which regulates and insures cr ...
(FDIC) bank resolution mechanism to include non-bank financial institutions; # Ensure that a firm is allowed to fail in an orderly way and not be "rescued"; # Ensure taxpayers are not on the hook for any losses, by applying losses to the firm's investors and creating a monetary pool funded by the largest financial institutions; # Apply appropriate checks and balances to the FDIC and Federal Reserve in this resolution process; # Require stronger capital and liquidity positions for financial firms and related regulatory authority. The U.S. Senate passed a regulatory reform bill in May 2010, following the House, which passed a bill in December 2009. These bills must now be reconciled. The ''New York Times'' has provided a comparative summary of the features of the two bills, which address to varying extent the principles enumerated by Secretary Geithner. The
Dodd–Frank Wall Street Reform and Consumer Protection Act The Dodd–Frank Wall Street Reform and Consumer Protection Act, commonly referred to as Dodd–Frank, is a United States federal law that was enacted on July 21, 2010. The law overhauled financial regulation in the aftermath of the Great Rece ...
was signed into law in July 2010. Solutions may be organized in these categories: # Investor confidence or liquidity: Central banks have expanded their lending and money supplies, to offset the decline in lending by private institutions and investors. # Deeply indebted institutions or solvency: Some financial institutions are facing risks regarding their
solvency Solvency, in finance or business, is the degree to which the current assets of an individual or entity exceed the current liabilities of that individual or entity. Solvency can also be described as the ability of a corporation to meet its long-te ...
, or ability to pay their obligations. Alternatives involve restructuring through bankruptcy, bondholder haircuts, or government bailouts (i.e., nationalization, receivership or asset purchases). # Economic stimulus: Governments have increased spending or cut taxes to offset declines in
consumer spending Consumer spending is the total money spent on final goods and services by individuals and households. There are two components of consumer spending: induced consumption (which is affected by the level of income) and autonomous consumption (which ...
and business investment. # Homeowner assistance: Banks are adjusting the terms of mortgage loans to avoid foreclosure, with the goal of maximizing cash payments. Governments are offering financial incentives for lenders to assist borrowers. Other alternatives include systematic refinancing of large numbers of mortgages and allowing mortgage debt to be "crammed down" (reduced) in homeowner bankruptcies. # Regulatory: New or reinstated rules designed help stabilize the financial system over the long-run to mitigate or prevent future crises.


Liquidity

All major corporations, even highly profitable ones, borrow money to finance their operations. In theory, the lower interest rate paid to the lender is offset by the higher return obtained from the investments made using the borrowed funds. Corporations regularly borrow for a period of time and periodically "rollover" or pay back the borrowed amounts and obtain new loans in the credit markets, a generic term for places where investors can provide funds through financial institutions to these corporations. The term
liquidity Liquidity is a concept in economics involving the convertibility of assets and obligations. It can include: * Market liquidity, the ease with which an asset can be sold * Accounting liquidity, the ability to meet cash obligations when due * Liq ...
refers to this ability to borrow funds in the credit markets or pay immediate obligations with available cash. Prior to the crisis, many companies borrowed short-term in liquid markets to purchase long-term, illiquid assets like
mortgage-backed securities A mortgage-backed security (MBS) is a type of asset-backed security (an 'instrument') which is secured by a mortgage or collection of mortgages. The mortgages are aggregated and sold to a group of individuals (a government agency or investment ba ...
(MBSs), profiting on the difference between lower short-term rates and higher long-term rates. Some have been unable to "rollover" this
short-term debt The money market is a component of the economy that provides short-term funds. The money market deals in short-term loans, generally for a period of a year or less. As short-term securities became a commodity, the money market became a compon ...
due to disruptions in the credit markets, forcing them to sell long-term, illiquid assets at fire-sale prices and suffering huge losses.Geithner-Speech Reducing Systemic Risk in a Dynamic Financial System
/ref> The central bank of the USA, the
Federal Reserve The Federal Reserve System (often shortened to the Federal Reserve, or simply the Fed) is the central banking system of the United States of America. It was created on December 23, 1913, with the enactment of the Federal Reserve Act, after a ...
or Fed, in partnership with
central bank A central bank, reserve bank, or monetary authority is an institution that manages the currency and monetary policy of a country or monetary union, and oversees their commercial banking system. In contrast to a commercial bank, a centra ...
s around the world, has taken several steps to increase liquidity, essentially stepping in to provide short-term funding to various institutional borrowers through various programs such as the Term Asset-Backed Securities Loan Facility (TALF). Fed Chairman
Ben Bernanke Ben Shalom Bernanke ( ; born December 13, 1953) is an American economist who served as the 14th chairman of the Federal Reserve from 2006 to 2014. After leaving the Fed, he was appointed a distinguished fellow at the Brookings Institution. Duri ...
stated in early 2008: "Broadly, the Federal Reserve's response has followed two tracks: efforts to support market liquidity and functioning and the pursuit of our macroeconomic objectives through monetary policy." The Fed, a quasi-public institution, has a mandate to support liquidity as the "
lender of last resort A lender of last resort (LOLR) is the institution in a financial system that acts as the provider of liquidity to a financial institution which finds itself unable to obtain sufficient liquidity in the interbank lending market when other faci ...
" but not
solvency Solvency, in finance or business, is the degree to which the current assets of an individual or entity exceed the current liabilities of that individual or entity. Solvency can also be described as the ability of a corporation to meet its long-te ...
, which resides with government regulators and bankruptcy courts.


Lower interest rates


Arguments for lower interest rates

Lower interest rates stimulate the economy by making borrowing less expensive. The Fed lowered the target for the Federal funds rate from 5.25% to a target range of 0-0.25% since 18 September 2007. Central banks around the world have also lowered interest rates. Lower interest rates may also help banks "earn their way out" of financial difficulties, because banks can borrow at very low interest rates from depositors and lend at higher rates for mortgages or credit cards. In other words, the "spread" between bank borrowing costs and revenues from lending increases. For example, a large U.S. bank reported in February 2009 that its average cost to borrow from depositors was 0.91%, with a net interest margin (spread) of 4.83%. Profits help banks build back equity or capital lost during the crisis.


Arguments against lower interest rates

Other things being equal, economic theory suggests that lowering interest rates relative to other countries weakens the domestic currency. This is because capital flows to nations with higher interest rates (after subtracting inflation and the political risk premium), causing the domestic currency to be sold in favor of foreign currencies, a variation of which is called the carry trade. Further, there is risk that the stimulus provided by lower interest rates can lead to demand-driven inflation once the economy is growing again. Maintaining interest rates at a low level also discourages saving, while encouraging spending.


Monetary policy and "credit easing"

Expanding the
money supply In macroeconomics, the money supply (or money stock) refers to the total volume of currency held by the public at a particular point in time. There are several ways to define "money", but standard measures usually include currency in circu ...
is a means of encouraging banks to lend, thereby stimulating the economy. The Fed can expand the money supply by purchasing Treasury securities through a process called
open market operations In macroeconomics, an open market operation (OMO) is an activity by a central bank to give (or take) liquidity in its currency to (or from) a bank or a group of banks. The central bank can either buy or sell government bonds (or other financial a ...
which provides cash to member banks for lending. The Fed can also provide loans against various types of collateral to enhance liquidity in markets, a process called credit easing. This is also called "expanding the Fed's balance sheet" as additional assets and liabilities represented by these loans appear there. A helpful overview of credit easing is available at
Cleveland Federal Reserve Bank-Credit Easing
The Fed has been active in its role as "lender of last resort" to offset declines in lending by both depository banks and the
shadow banking system The shadow banking system is a term for the collection of non-bank financial intermediaries (NBFIs) that provide services similar to traditional commercial banks but outside normal banking regulations. Examples of NBFIs include hedge funds, in ...
. The Fed has implemented a variety of programs to expand the types of collateral against which it is willing to lend. The programs have various names such as the Term Auction Facility and Term Asset-Backed Securities Loan Facility. A total of $1.6 trillion in loans to banks were made for various types of collateral by November 2008. In March 2009, the
Federal Open Market Committee The Federal Open Market Committee (FOMC), a committee within the Federal Reserve System (the Fed), is charged under United States law with overseeing the nation's open market operations (e.g., the Fed's buying and selling of United States Treas ...
(FOMC) decided to increase the size of the Federal Reserve’s balance sheet further by purchasing up to an additional $750 billion of agency (
Government-sponsored enterprise A government-sponsored enterprise (GSE) is a type of financial services corporation created by the United States Congress. Their intended function is to enhance the flow of credit to targeted sectors of the economy, to make those segments of t ...
) mortgage-backed securities, bringing its total purchases of these securities to up to $1.25 trillion this year, and to increase its purchases of
agency debt Agency debt, also known as an Agency bond or Agency Security, is a security, usually a bond, issued by a United States government-sponsored agency or federal budget agency. The offerings of these agencies are backed but not guaranteed by the US g ...
this year by up to $100 billion to a total of up to $200 billion. Moreover, to help improve conditions in private credit markets, the Committee decided to purchase up to $300 billion of longer-term Treasury securities during 2009. The Fed also announced that it was expanding the scope of the TALF program to allow loans against additional types of collateral.


Arguments for credit easing

According to
Ben Bernanke Ben Shalom Bernanke ( ; born December 13, 1953) is an American economist who served as the 14th chairman of the Federal Reserve from 2006 to 2014. After leaving the Fed, he was appointed a distinguished fellow at the Brookings Institution. Duri ...
, expansion of the Fed balance sheet means the Fed is electronically creating money, necessary "... because our economy is very weak and inflation is very low. When the economy begins to recover, that will be the time that we need to unwind those programs, raise interest rates, reduce the money supply, and make sure that we have a recovery that does not involve inflation."Bernanke-60 Minutes Interview
/ref>


Arguments against credit easing

Credit easing involves increasing the money supply, which presents inflationary risks that could weaken the dollar and make it less desirable as a
reserve currency A reserve currency (or anchor currency) is a foreign currency that is held in significant quantities by central banks or other monetary authorities as part of their foreign exchange reserves. The reserve currency can be used in international tr ...
, affecting the ability of the U.S. government to finance budget deficits. The Fed is lending against increasingly risky collateral and in great amounts. The challenge to reduce the money supply at the right cadence and amount will be unprecedented once the economy is on firmer footing. Further, reducing the money supply as the economy begins to recover may place downward pressure against economic growth. In other words, raising the money supply to cushion a downturn will have a dampening effect on the subsequent upturn. There is also risk of inflation and devaluation of the currency. Critics have argued that worthy borrowers can still get credit and that credit easing (and government intervention more generally) is really an attempt to maintain a debt-driven standard of living that was unsustainable.


Solvency

Critics have argued that due to the combination of high leverage and losses, the U.S. banking system is effectively
insolvent In accounting, insolvency is the state of being unable to pay the debts, by a person or company ( debtor), at maturity; those in a state of insolvency are said to be ''insolvent''. There are two forms: cash-flow insolvency and balance-sheet in ...
(i.e., equity is negative or will be as the crisis progresses), while the banks counter that they have the cash required to continue operating or are "well-capitalized." As the crisis progressed into mid-2008, it became apparent that growing losses on
mortgage-backed securities A mortgage-backed security (MBS) is a type of asset-backed security (an 'instrument') which is secured by a mortgage or collection of mortgages. The mortgages are aggregated and sold to a group of individuals (a government agency or investment ba ...
at large, systemically important institutions were reducing the total value of assets held by particular firms to a critical point roughly equal to the value of their liabilities. A bit of accounting theory is helpful to understanding this debate. It is an accounting
identity Identity may refer to: * Identity document * Identity (philosophy) * Identity (social science) * Identity (mathematics) Arts and entertainment Film and television * ''Identity'' (1987 film), an Iranian film * ''Identity'' (2003 film), an ...
(i.e., a rule that must hold true by definition) that
assets In financial accounting, an asset is any resource owned or controlled by a business or an economic entity. It is anything (tangible or intangible) that can be used to produce positive economic value. Assets represent value of ownership that can ...
equals the sum of liabilities and
equity Equity may refer to: Finance, accounting and ownership *Equity (finance), ownership of assets that have liabilities attached to them ** Stock, equity based on original contributions of cash or other value to a business ** Home equity, the diff ...
. Equity is primarily the
common Common may refer to: Places * Common, a townland in County Tyrone, Northern Ireland * Boston Common, a central public park in Boston, Massachusetts * Cambridge Common, common land area in Cambridge, Massachusetts * Clapham Common, originally ...
or
preferred stock Preferred stock (also called preferred shares, preference shares, or simply preferreds) is a component of share capital that may have any combination of features not possessed by common stock, including properties of both an equity and a debt inst ...
and the
retained earnings The retained earnings (also known as plowback) of a corporation is the accumulated net income of the corporation that is retained by the corporation at a particular point of time, such as at the end of the reporting period. At the end of that peri ...
of the company and is also referred to as
capital Capital may refer to: Common uses * Capital city, a municipality of primary status ** List of national capital cities * Capital letter, an upper-case letter Economics and social sciences * Capital (economics), the durable produced goods used fo ...
. The
financial statement Financial statements (or financial reports) are formal records of the financial activities and position of a business, person, or other entity. Relevant financial information is presented in a structured manner and in a form which is easy to un ...
that reflects these amounts is called the
balance sheet In financial accounting, a balance sheet (also known as statement of financial position or statement of financial condition) is a summary of the financial balances of an individual or organization, whether it be a sole proprietorship, a business ...
. If a firm is forced into a
negative equity Negative equity is a deficit of owner's equity, occurring when the value of an asset used to secure a loan is less than the outstanding balance on the loan. In the United States, assets (particularly real estate, whose loans are mortgages) with ne ...
scenario, it is technically insolvent from a balance sheet perspective. However, the firm may have sufficient cash to pay its short-term obligations and continue operating.
Bankruptcy Bankruptcy is a legal process through which people or other entities who cannot repay debts to creditors may seek relief from some or all of their debts. In most jurisdictions, bankruptcy is imposed by a court order, often initiated by the debto ...
occurs when a firm is unable to pay its immediate obligations and seeks legal protection to enable it to either re-negotiate its arrangements with creditors or liquidate its assets. Pertinent forms of the accounting equation for this discussion are shown below: * Assets = Liabilities + Equity * Equity = Assets – Liabilities = Net worth or capital * Financial leverage ratio = Assets / Equity If assets equal liabilities, then equity must be zero. While asset values on the balance sheet are marked down to reflect expected losses, these institutions still owe the
creditors A creditor or lender is a party (e.g., person, organization, company, or government) that has a claim on the services of a second party. It is a person or institution to whom money is owed. The first party, in general, has provided some property ...
the full amount of liabilities. To use a simplistic example, Company X used a $10 equity or capital base to borrow another $290 and invest the $300 amount in various assets, which then fall 10% in value to $270. This firm was "leveraged" 30:1 ($300 assets / $10 equity = 30) and now has assets worth $270, liabilities of $290 and equity of ''negative'' $20. Such leverage ratios were typical of the larger investment banks during 2007. At 30:1 leverage, it only takes a 3.33% loss to reduce equity to zero. Banks use various regulatory measures to describe their financial strength, such as tier 1 capital. Such measures typically start with equity and then add or subtract other measures. Banks and regulators have been criticized for including relatively "weaker" or less tangible amounts in regulatory capital measures. For example, deferred tax assets (which represent future tax savings if a company makes a profit) and intangible assets (e.g., non-cash amounts like goodwill or trademarks) have been included in tier 1 capital calculations by some financial institutions. In other cases, banks were legally able to move liabilities off their balance sheets via
structured investment vehicles A structured investment vehicle (SIV) is a non-bank financial institution established to earn a credit spread between the longer-term assets held in its portfolio and the shorter-term liabilities it issues. They are simple credit spread lenders, ...
, which improved their ratios. Critics suggest using the "tangible common equity" measure, which removes non-cash assets from these measures. Generally, the ratio of tangible common equity to assets is lower (i.e., more conservative) than the tier 1 ratio.


Nationalization

Nationalization Nationalization (nationalisation in British English) is the process of transforming privately-owned assets into public assets by bringing them under the public ownership of a national government or state. Nationalization usually refers to p ...
typically involves the assumption of either full or partial control over a financial institution as part of a
bailout A bailout is the provision of financial help to a corporation or country which otherwise would be on the brink of bankruptcy. A bailout differs from the term ''bail-in'' (coined in 2010) under which the bondholders or depositors of global sys ...
. The board and senior management is replaced. Full nationalization means current equity shareholders are entirely wiped out and bondholders may or may not receive a "haircut," meaning a write-down on the value of the debt owed to them. Suppliers are generally paid fully by the government. Once the bank is again healthy, it can either be sold to the public for a one time profit, or can be held by the government as an income generating asset, which can permit lower taxes going forward.


Arguments for nationalization or recapitalization

Permanent nationalization of certain financial functions may be an effective way to maintain financial system stability and prevent future crisis. There is strong evidence that within the U.S., competition between mortgage securitizers contributed to declining underwriting standards and increased risk that led to the late 2000s financial crisis.Michael Simkovic
''Competition and Crisis in Mortgage Securitization''
/ref> The largest, most powerful entities – with the strongest ties to the government and the heaviest regulatory burdens – generally originated the safest, best performing mortgages. Furthermore, the period of greatest competition coincided with the period during which the worst loans were originated. In addition, countries with less competitive financial sectors and greater government involvement in finance proved to be far more stable and resilient than the United States in the late 2000s (decade). Another advantage of nationalization is that it eliminates the
moral hazard In economics, a moral hazard is a situation where an economic actor has an incentive to increase its exposure to risk because it does not bear the full costs of that risk. For example, when a corporation is insured, it may take on higher risk ...
inherent in private ownership of systemically important financial institutions. Systemically important financial institutions are likely to receive government bailouts in the event of failure. Unless these bailouts are structured as a government takeover, and losses are imposed on bondholders and shareholders, investors have incentives to take extreme risks, to capture the upside during boom times, and to impose losses on taxpayers in times of crisis. Permanent nationalization eliminates this dynamic by concentrating the full upside and downside with taxpayers. Permanent nationalization therefore may lead to lower and more rational risk levels in the financial system. Permanent nationalization also provides the government with profits, a source of income – other than taxes – which can be used to recoup losses from past bailouts or to build a reserve for future bailouts. The political power of the owners and top executives and board members of private, systemically important financial institutions may insulate them from taxes, insurance charges, and regulations aimed at curbing risk. Nationalization could be an effective way to curb this political power and open the door to reform. Another advantage of nationalization is that it gives the government greater knowledge, understanding, and capabilities within the financial markets, and may enhance the government's ability to act effectively during times of crisis. Economist
Paul Krugman Paul Robin Krugman ( ; born February 28, 1953) is an American economist, who is Distinguished Professor of Economics at the Graduate Center of the City University of New York, and a columnist for ''The New York Times''. In 2008, Krugman was t ...
has argued for bank nationalization: "A better approach would be to do what the government did with zombie savings and loans at the end of the 1980s: it seized the defunct banks, cleaning out the shareholders. Then it transferred their bad assets to a special institution, the Resolution Trust Corporation; paid off enough of the banks’ debts to make them solvent; and sold the fixed-up banks to new owners." He advocates an "explicit, though temporary government takeover" of insolvent banks. Economist Nouriel Roubini said: "I'm worried that many banks rezombies, they should be shut down, the sooner the better ... otherwise they will take deposits and make other risky loans." He also wrote: "Nationalization is the only option that would permit us to solve the problem of toxic assets in an orderly fashion and finally allow lending to resume." He recommended four steps: # Determine which banks are insolvent. # Immediately nationalize insolvent institutions or place them into receivership. The equity holders will be wiped out, and long-term debt holders will have claims only after the depositors and other short-term creditors are paid off. # Separate nationalized bank assets into good and bad pools. Banks carrying only the good assets would then be privatized. # Bad assets would be merged into one enterprise. The assets could be held to maturity or eventually sold off with the gains and risks accruing to the taxpayers. Harvard professor
Niall Ferguson Niall Campbell Ferguson FRSE (; born 18 April 1964)Biography
Niall Ferguson
argued: "Worst of all ndebtedare the banks. The best evidence that we are in denial about this is the widespread belief that the crisis can be overcome by creating yet more debt ... banks that are de facto insolvent need to be restructured – a word that is preferable to the old-fashioned “nationalisation”. Existing shareholders will have to face that they have lost their money. Too bad; they should have kept a more vigilant eye on the people running their banks. Government will take control in return for a substantial recapitalisation after losses have meaningfully been written down." Banks that are insolvent from a balance sheet perspective (i.e., liabilities exceed assets, meaning equity is negative) may restrict their lending. Further, they are at increased risk of making risky financial bets due to
moral hazard In economics, a moral hazard is a situation where an economic actor has an incentive to increase its exposure to risk because it does not bear the full costs of that risk. For example, when a corporation is insured, it may take on higher risk ...
(i.e., either they make money if the bets work out or will be bailed out by the government, a dangerous position from society's point of view). An unstable banking system also undermines economic confidence. These factors (among others) are why insolvent financial institutions have historically been taken over by regulators. Further, loans to a struggling bank increase assets and liabilities, not equity. Capital is therefore "tied up" on the insolvent bank's balance sheet and cannot be used as productively as it could be at a healthier financial institution. Banks have taken significant steps to obtain additional capital from private sources. Further, the U.S. and other countries have injected capital (willingly or unwillingly) into larger financial institutions.
Alan Greenspan Alan Greenspan (born March 6, 1926) is an American economist who served as the 13th chairman of the Federal Reserve from 1987 to 2006. He works as a private adviser and provides consulting for firms through his company, Greenspan Associates LLC. ...
estimated in March 2009 that U.S. banks will require another $850 billion of capital, representing a 3-4 percentage point increase in equity capital to asset ratios. Following a model initiated by the United Kingdom bank rescue package, the U.S. government authorized the injection of up to $350 billion in equity in the form of
preferred stock Preferred stock (also called preferred shares, preference shares, or simply preferreds) is a component of share capital that may have any combination of features not possessed by common stock, including properties of both an equity and a debt inst ...
or asset purchases as part of the $700 billion
Emergency Economic Stabilization Act of 2008 The Emergency Economic Stabilization Act of 2008, often called the "bank bailout of 2008", was proposed by Treasury Secretary Henry Paulson, passed by the 110th United States Congress, and signed into law by President George W. Bush. It became ...
, also called the
Troubled Asset Relief Program The Troubled Asset Relief Program (TARP) is a program of the United States government to purchase toxic assets and equity from financial institutions to strengthen its financial sector that was passed by Congress and signed into law by President ...
(TARP). Steven Pearlstein has advocated government guarantees for new preferred stock, to encourage investors to provide private capital to the banks. For a summary of U.S. government financial commitments and investments related to the crisis, se
CNN – Bailout Scorecard
For a summary of TARP funds provided to U.S. banks as of December 2008, se
Reuters-TARP Funds


Arguments against nationalization or recapitalization

Nationalization wipes out current shareholders and may impact bondholders. It involves risk to taxpayers, who may or may not recoup their investment. The government may not be able to manage the institution better than the current management. The threat of nationalization may make it challenging for banks to obtain funding from private sources. Government intervention may not always be fair or transparent. Who gets a bailout and how much? A Congressional Oversight Panel (COP) chaired by Harvard Professor Elizabeth Warren was created to monitor the implementation of the TARP program. COP issued its first report on 10 December 2008. In related interviews, Professor Warren indicated it was difficult to obtain clear answers to her panel's questions.


"Toxic" or "Legacy" asset purchases

Another method of recapitalizing institutions is for the government or private investors to purchase assets that are significantly reduced in value due to payment delinquency, whether related to mortgages, credit cards, auto loans, etc. A summary of the pro- and con- arguments is included at
Brookings – The Administrations New Financial Rescue Plan
an
Brookings – Choosing Among the Options


Arguments for toxic asset purchases

Removing complex and difficult to value assets from banks' balance sheets across the system in exchange for cash is a major win for the banks, provided they can command an appropriate price for the assets. Further, transparency of financial institution health is improved across the system, improving confidence, as investors can be more assured of the valuation of these firms. Financially healthy firms are more likely to lend. U.S. Treasury Secretary
Timothy Geithner Timothy Franz Geithner (; born August 18, 1961) is a former American central banker who served as the 75th United States Secretary of the Treasury under President Barack Obama from 2009 to 2013. He was the President of the Federal Reserve Bank ...
announced a plan during March 2009 to purchase "legacy" or "toxic" assets from banks. The Public-Private Partnership Investment Program involves government loans and guarantees to encourage private investors to provide funds to purchase toxic assets from banks. The press release states: "This approach is superior to the alternatives of either hoping for banks to gradually work these assets off their books or of the government purchasing the assets directly. Simply hoping for banks to work legacy assets off over time risks prolonging a financial crisis, as in the case of the Japanese experience. But if the government acts alone in directly purchasing legacy assets, taxpayers will take on all the risk of such purchases – along with the additional risk that taxpayers will overpay if government employees are setting the price for those assets."


Arguments against toxic asset purchases

A key question is what to pay for the assets. For example, a bank may believe an asset, such as a mortgage-backed security with a claim on cash from the underlying mortgages, is worth 50 cents on the dollar, while it may only be able to find a buyer on the open market for 30 cents. The bank has no incentive to sell the assets at the 30 cent price. But if taxpayers pay 50 cents, they are paying more than market value, an unpopular choice for taxpayers and politicians in a bailout. To truly be helping the banks, the taxpayers would have to pay more than the value at which the bank is carrying the asset on its books, or more than the 50 cent price. Further, who will determine the price and how will ownership of the assets be administered? Does the government entity set up to make these purchases have the expertise? Economist
Joseph Stiglitz Joseph Eugene Stiglitz (; born February 9, 1943) is an American New Keynesian economist, a public policy analyst, and a full professor at Columbia University. He is a recipient of the Nobel Memorial Prize in Economic Sciences (2001) and the J ...
criticized the plan proposed by U.S. Treasury Secretary
Timothy Geithner Timothy Franz Geithner (; born August 18, 1961) is a former American central banker who served as the 75th United States Secretary of the Treasury under President Barack Obama from 2009 to 2013. He was the President of the Federal Reserve Bank ...
to purchase toxic assets: "Paying fair market values for the assets will not work. Only by overpaying for the assets will the banks be adequately recapitalized. But overpaying for the assets simply shifts the losses to the government. In other words, the Geithner plan works only if and when the taxpayer loses big time." He stated that toxic asset purchases represents "ersatz capitalism," meaning gains are privatized while losses are socialized. The government's initial
Troubled Asset Relief Program The Troubled Asset Relief Program (TARP) is a program of the United States government to purchase toxic assets and equity from financial institutions to strengthen its financial sector that was passed by Congress and signed into law by President ...
(TARP) proposal was derailed because of these questions and because of the timeline involved in successfully valuing, purchasing, and administering such a program was too long with an imminent crisis faced in September–October 2008.
Martin Wolf Martin Harry Wolf (born 16 August 1946 in London) is a British journalist of Austrian-Dutch descent who focuses on economics. He is the associate editor and chief economics commentator at the '' Financial Times''. Early life Wolf was born ...
has argued that the purchase of toxic assets may distract the U.S. Congress from the urgent need to recapitalize banks and may make it more politically difficult to take necessary action. Research by JP Morgan and Wachovia indicates that the value of toxic assets (technically CDO's of ABS) issued during late 2005 to mid-2007 are worth between 5 cents and 32 cents on the dollar. Approximately $305 billion of the $450 billion of such assets created during the period are in default. By another indicator (the ABX), toxic assets are worth about 40 cents on the dollar, depending on the precise vintage (period of origin).


Bondholder and counterparty haircuts

As of March 2009, bondholders at financial institutions that received government bailout funds have not been forced to take a "haircut" or reduction in the principal amount and interest payments on their bonds. A partial conversion of debt to equity is fairly common in
Chapter 11 bankruptcy Chapter 11 of the United States Bankruptcy Code ( Title 11 of the United States Code) permits reorganization under the bankruptcy laws of the United States. Such reorganization, known as Chapter 11 bankruptcy, is available to every business, whe ...
proceedings, as the common stock shareholders are wiped out and the bondholders effectively become the new owners. This is another way to increase equity capital in the bank, as the liability amount on the balance sheet is reduced. For example, assume a bank has assets and liabilities of $100 and therefore equity is zero. In a bankruptcy proceeding or nationalization, bondholders may have the value of their bonds reduced to $80. This creates equity of $20 immediately ($100–80=$20). A key aspect of the AIG scandal is that over $100 billion in taxpayer funds have been channeled through AIG to major global financial institutions (its counterparties) that have already received separate, significant bailout funds in many cases. The amounts paid to counterparties were at 100 cents on the dollar. In other words, funds are provided to AIG by the U.S. government so that it can pay other companies, in effect making it a "bailout clearinghouse." Members of the U.S. Congress demanded that AIG indicate to whom it is distributing taxpayer bailout funds and to what extent these trading partners are sharing in losses. Key institutions receiving additional bailout funds channeled through AIG included a "who's who" of major global institutions. This included $12.9 billion paid to
Goldman Sachs Goldman Sachs () is an American multinational investment bank and financial services company. Founded in 1869, Goldman Sachs is headquartered at 200 West Street in Lower Manhattan, with regional headquarters in London, Warsaw, Bangalore, Ho ...
, which reported a profit of $2.3 billion for 2008. A list of the amounts by country and counterparty is here
Business Week – List of Counterparties and Payouts


Arguments for bondholder and counterparty haircuts

If the key issue is bank solvency, converting debt to equity via bondholder haircuts presents an elegant solution to the problem. Not only is debt reduced along with interest payments, but equity is simultaneously increased. Investors can then have more confidence that the bank (and financial system more broadly) is solvent, helping unfreeze credit markets. Taxpayers do not have to contribute money and the government may be able to just provide guarantees in the short-term to further support confidence in the recapitalized institution. Economist
Joseph Stiglitz Joseph Eugene Stiglitz (; born February 9, 1943) is an American New Keynesian economist, a public policy analyst, and a full professor at Columbia University. He is a recipient of the Nobel Memorial Prize in Economic Sciences (2001) and the J ...
testified that bank bailouts "... are really bailouts not of the enterprises but of the shareholders and especially bondholders. There is no reason that American taxpayers should be doing this." He wrote that reducing bank debt levels by converting debt into equity will increase confidence in the financial system. He believes that addressing bank solvency in this way would help address credit market liquidity issues. Fed Chairman
Ben Bernanke Ben Shalom Bernanke ( ; born December 13, 1953) is an American economist who served as the 14th chairman of the Federal Reserve from 2006 to 2014. After leaving the Fed, he was appointed a distinguished fellow at the Brookings Institution. Duri ...
argued in March 2009: "If a federal agency had had such tools on September 16 008 they could have been used to put AIG into conservatorship or receivership, unwind it slowly, protect policyholders, and impose haircuts on creditors and counterparties as appropriate. That outcome would have been far preferable to the situation we find ourselves in now."Bernanke Testimony on AIG
/ref> Harvard professor
Niall Ferguson Niall Campbell Ferguson FRSE (; born 18 April 1964)Biography
Niall Ferguson
has argued for bondholder haircuts at insolvent banks: "Bondholders may have to accept either a debt-for-equity swap or a 20 per cent “haircut” (a reduction in the value of their bonds) – a disappointment, no doubt, but nothing compared with the losses when Lehman went under."FT-Ferguson-Beyond the Age of Leverage
/ref> Economist
Jeffrey Sachs Jeffrey David Sachs () (born 5 November 1954) is an American economist, academic, public policy analyst, and former director of The Earth Institute at Columbia University, where he holds the title of University Professor. He is known for his work ...
has also argued for bondholder haircuts: "The cheaper and more equitable way would be to make shareholders and bank bondholders take the hit rather than the taxpayer. The Fed and other bank regulators would insist that bad loans be written down on the books. Bondholders would take haircuts, but these losses are already priced into deeply discounted bond prices." Dr. John Hussman has argued for significant bondholder haircuts: "Stabilize insolvent financial institutions through receivership if the bondholders of the institution are unwilling to swap debt for equity. In virtually all cases, the liabilities of these companies to their own bondholders are capable of fully absorbing all losses without the need for public funds to defend those bondholders ... The sum total of the policy responses to this crisis has been to defend the bondholders of distressed financial institutions at public expense." Professor and author
Nassim Nicholas Taleb Nassim Nicholas Taleb (; alternatively ''Nessim ''or'' Nissim''; born 12 September 1960) is a Lebanese-American essayist, mathematical statistician, former option trader, risk analyst, and aphorist whose work concerns problems of randomness ...
argued during July 2009 that
deleveraging At the micro-economic level, deleveraging refers to the reduction of the leverage ratio, or the percentage of debt in the balance sheet of a single economic entity, such as a household or a firm. It is the opposite of leveraging, which is the pr ...
through forcible conversion of debt to equity swaps for both banks and homeowners is "the only solution." He advocates much more aggressive and system-wide action. He emphasized the complexity and fragility of the current system due to excessive debt levels and stated that the system is in the process of crashing. He believes any "green shoots" (i.e., signs of recovery) should not distract from this response.


Arguments against bondholder and counterparty haircuts

Investors may balk at providing funding to U.S. institutions if bonds become subject to arbitrary haircuts due to nationalization. Insurance companies and other investors that own many of the bonds issued by major financial institutions may suffer large losses if they must accept debt for equity swaps or other forms of haircuts. The fear of losing one's investments which is contributing to the recession would increase with each expropriation.


Economic stimulus and fiscal policy

Between June 2007 and November 2008, Americans lost a total of $8.3 trillion in wealth between housing and stock market losses, contributing to a decline in consumer spending and business investment. The crisis has caused unemployment to rise and GDP to decline at a significant annual rate during Q4 2008. On 13 February 2008, former President George W. Bush signed into law a $168 billion economic stimulus package, mainly taking the form of
income tax An income tax is a tax imposed on individuals or entities (taxpayers) in respect of the income or profits earned by them (commonly called taxable income). Income tax generally is computed as the product of a tax rate times the taxable income. Ta ...
rebate checks mailed directly to taxpayers. Checks were mailed starting the week of 28 April 2008. On 17 February 2009, U.S. President
Barack Obama Barack Hussein Obama II ( ; born August 4, 1961) is an American politician who served as the 44th president of the United States from 2009 to 2017. A member of the Democratic Party (United States), Democratic Party, Obama was the first Af ...
signed the
American Recovery and Reinvestment Act of 2009 The American Recovery and Reinvestment Act of 2009 (ARRA) (), nicknamed the Recovery Act, was a stimulus package enacted by the 111th U.S. Congress and signed into law by President Barack Obama in February 2009. Developed in response to the Gr ...
(ARRA), an $800 billion stimulus package with a broad spectrum of spending and tax cuts.


Arguments for stimulus by spending

Keynesian economics Keynesian economics ( ; sometimes Keynesianism, named after British economist John Maynard Keynes) are the various macroeconomic theories and models of how aggregate demand (total spending in the economy) strongly influences economic output ...
suggests
deficit spending Within the budgetary process, deficit spending is the amount by which spending exceeds revenue over a particular period of time, also called simply deficit, or budget deficit; the opposite of budget surplus. The term may be applied to the budget ...
by governments to offset declines in consumer spending and business investment can help increase economic activity. Economist
Paul Krugman Paul Robin Krugman ( ; born February 28, 1953) is an American economist, who is Distinguished Professor of Economics at the Graduate Center of the City University of New York, and a columnist for ''The New York Times''. In 2008, Krugman was t ...
has argued that the U.S. stimulus should be approximately $1.3 trillion over 3 years, even larger than the $800 billion enacted into law by President
Barack Obama Barack Hussein Obama II ( ; born August 4, 1961) is an American politician who served as the 44th president of the United States from 2009 to 2017. A member of the Democratic Party (United States), Democratic Party, Obama was the first Af ...
, or roughly 4% of GDP annually for 2–3 years. Krugman has argued for a strong stimulus to address the risk of another depression and deflation, in which prices, wages, and economic growth spiral downward in a self-reinforcing cycle. President Obama argued his rationale for ARRA and his spending priorities in his speech of February 25, 2009, to a joint session of Congress. He argued that energy independence, healthcare reform, and education merit significant investment or spending increases. Economists
Alan Blinder Alan Stuart Blinder (, born October 14, 1945) is an American economics professor at Princeton University and is listed among the most influential economists in the world according to IDEAS/RePEc. He is a leading macroeconomist, politically liber ...
and Alan Auerbach both advocated short-term stimulus spending in June 2009 to help ensure the economy does not slip into a deeper recession, but then reinstating fiscal discipline in the medium- to long-term. Economists debate the relative merit of tax cuts vs. spending increases as economic stimulus. Economists in President Obama's administration have argued that spending on infrastructure such as roads and bridges has a higher impact on GDP and jobs than tax cuts. Economist
Joseph Stiglitz Joseph Eugene Stiglitz (; born February 9, 1943) is an American New Keynesian economist, a public policy analyst, and a full professor at Columbia University. He is a recipient of the Nobel Memorial Prize in Economic Sciences (2001) and the J ...
explained that stimulus can be seen as an investment and not just as spending, if used properly: "Wise government investments yield returns far higher than the interest rate the government pays on its debt; in the long run, investments help reduce deficits."


Arguments against stimulus by spending

Harvard professor
Niall Ferguson Niall Campbell Ferguson FRSE (; born 18 April 1964)Biography
Niall Ferguson
wrote: "The reality being repressed is that the western world is suffering a crisis of excessive indebtedness. Many governments are too highly leveraged, as are many corporations. More importantly, households are groaning under unprecedented debt burdens. Worst of all are the banks. The best evidence that we are in denial about this is the widespread belief that the crisis can be overcome by creating yet more debt." Many economists recognize that the U.S. is facing a series of long-term funding challenges related to
Social security Welfare, or commonly social welfare, is a type of government support intended to ensure that members of a society can meet basic human needs such as food and shelter. Social security may either be synonymous with welfare, or refer specifical ...
and
healthcare Health care or healthcare is the improvement of health via the prevention, diagnosis, treatment, amelioration or cure of disease, illness, injury, and other physical and mental impairments in people. Health care is delivered by health pro ...
. Fed Chairman
Ben Bernanke Ben Shalom Bernanke ( ; born December 13, 1953) is an American economist who served as the 14th chairman of the Federal Reserve from 2006 to 2014. After leaving the Fed, he was appointed a distinguished fellow at the Brookings Institution. Duri ...
said on October 4, 2006: "Reform of our unsustainable entitlement programs should be a priority." He added, "the imperative to undertake reform earlier rather than later is great." He discussed how borrowing to enable deficit spending increases the national debt, which poses questions of inter-generational equity, meaning the right of current generations to increase the burden on future generations. Economist
Peter Schiff Peter David Schiff (; born March 23, 1963) is an American stock broker, financial commentator, and radio personality. He is CEO and chief global strategist of Euro Pacific Capital Inc., a broker-dealer based in Westport, Connecticut. He is also ...
has argued that the U.S. economy is resetting at a lower level and stimulus spending will not be effective and only raise debt levels: "America's GDP is composed of more than 70% consumer spending. For many years, much of that spending has been a function of voracious consumer borrowing through home equity extractions (averaging more than $850 billion annually in 2005 and 2006, according to the Federal Reserve) and rapid expansion of credit card and other consumer debt. Now that credit is scarce, it is inevitable that GDP will fall. Neither the left nor the right of the American political spectrum has shown any willingness to tolerate such a contraction." He argues further that U.S. budgetary assumptions mean certain wealthy nations must continue to fund annual trillion dollar deficits indefinitely, for a 2-3% Treasury bond return, without significant net redemption to fund domestic programs, which he considers highly unlikely. While commenting on the G20 summit, economist John B. Taylor said "''This financial crisis was caused and prolonged largely by government excesses in the fiscal and monetary policy areas, and continued excess as far as the eye can see will neither end the crisis nor prevent further ones.''". Prominent Republicans have strongly criticized President Obama's 2010 budget, which includes $900 billion or larger annual increases in the national debt through 2019 (Schedule S-9). A large amount of real wealth was destroyed during the boom (the realization of which fact constitutes the bust). Consequently, the private sector needs to rebuild what is missing. Spending by the government during this period diverts resources from that rebuilding and prolongs the recession. Conservatives argue it would be better to cut government spending. This would reduce the cost of inputs used by businesses which would allow them to expand and hire more workers.


Arguments for stimulus by tax cuts

Conservatives and supply-side economists argue that the best stimulus would be to lower marginal tax rates. This would allow businesses to expand those investments which are truly productive and heal the economy. They note that this worked when presidents Kennedy and Reagan cut taxes.


Arguments against stimulus by tax cuts

There is significant debate among economists regarding which type of fiscal stimulus (e.g., spending, investment, or tax cuts) generates the largest "bang for the buck," which is technically called a
fiscal multiplier In economics, the fiscal multiplier (not to be confused with the money multiplier) is the ratio of change in national income arising from a change in government spending. More generally, the exogenous spending multiplier is the ratio of change ...
. For example, a stimulus of $100 billion that generates $150 billion of incremental
economic growth Economic growth can be defined as the increase or improvement in the inflation-adjusted market value of the goods and services produced by an economy in a financial year. Statisticians conventionally measure such growth as the percent rate o ...
(GDP) would have a multiplier of 1.5. Since the U.S. Federal government has historically collected about 18% of GDP in tax revenue, a multiplier of approximately 5.56 (1 divided by 18%) would be required to prevent a deficit increase from any type of stimulus. Technically, the larger the multiplier, the less the impact on the deficit because the incremental economic activity is taxed. Various economic studies place the fiscal multiplier from stimulus between zero and 2.5. In testimony before the
Financial Crisis Inquiry Commission The Financial Crisis Inquiry Commission (FCIC) was a ten-member commission appointed by the leaders of the United States Congress with the goal of investigating the causes of the financial crisis of 2007–2008. The Commission has been nicknamed ...
, economist
Mark Zandi Mark M. Zandi is an Iranian-American economist who is the chief economist of Moody's Analytics, where he directs economic research. Zandi's research interests encompass macroeconomics, financial markets and public policy. He analyzes the economi ...
reported that infrastructure investment provided a high multiplier as part of the
American Recovery and Reinvestment Act American(s) may refer to: * American, something of, from, or related to the United States of America, commonly known as the "United States" or "America" ** Americans, citizens and nationals of the United States of America ** American ancestry, p ...
, while spending provided a moderate to high multiplier and tax cuts had the lowest multiplier. His conclusions by category were: * Tax cuts: 0.32-1.30 * Spending: 1.13-1.74 * Investment: 1.57 During May 2009 the Whitehouse Council of Economic Advisors estimated that the
American Recovery and Reinvestment Act American(s) may refer to: * American, something of, from, or related to the United States of America, commonly known as the "United States" or "America" ** Americans, citizens and nationals of the United States of America ** American ancestry, p ...
spending elements would have multipliers between 1.0 and 1.5, while tax cuts would have multipliers between 0 and 1. The report states that these conclusions "... are broadly similar to those implied by the Federal Reserve’s FRB/US model and the models of leading private forecasters, such as Macroeconomic Advisers." Supply side economists have argued that tax rate cuts have a multiplier sufficient to actually raise government revenues (i.e., greater than 5.5). However, this is disputed by research from the
Congressional Budget Office The Congressional Budget Office (CBO) is a List of United States federal agencies, federal agency within the United States Congress, legislative branch of the United States government that provides budget and economic information to Congress. Ins ...
, Harvard University, and the U.S. Treasury Department. The
Center on Budget and Policy Priorities The Center on Budget and Policy Priorities (CBPP) is a progressive American think tank that analyzes the impact of federal and state government budget policies. A 501(c)(3) nonprofit organization, the Center's stated mission is to "conduct resear ...
(CBPP) summarized a variety of studies done by economists across the political spectrum that indicated tax cuts do not pay for themselves and increase deficits.CBPP-Will the Tax Cuts Eventually Pay for Themselves?-March 2003
/ref> To summarize the above studies, infrastructure investment and spending are more effective stimulus measures than tax cuts, due to their higher multipliers. However, any type of stimulus spending increases the deficit.


Government bailouts


Arguments for bailouts

Governments may intervene because of the belief that an institution is "
too big to fail "Too big to fail" (TBTF) and "too big to jail" is a theory in banking and finance that asserts that certain corporations, particularly financial institutions, are so large and so interconnected that their failure would be disastrous to the great ...
" or "too interconnected to fail", meaning that allowing them to enter bankruptcy would create or increase
systemic risk In finance, systemic risk is the risk of collapse of an entire financial system or entire market, as opposed to the risk associated with any one individual entity, group or component of a system, that can be contained therein without harming the ...
, meaning disruptions to the credit markets and to the real economy. Bank failures are widely believed to have led to the Great Depression, and since WWII, nearly every government – including the U.S. in the 1980s, 1990s, and 2000s (decade) – has chosen to bail out its financial sector in times of crisis. Whatever the negative consequences of bailouts, the consequences of not bailing out the financial system – economic collapse, protracted GDP contraction, and high unemployment – may be even worse. For these reasons, even political leaders who are theoretically ideologically opposed to bailouts have generally supported them in times of crisis. In a dramatic meeting on September 18, 2008, Treasury Secretary
Henry Paulson Henry Merritt Paulson Jr. (born March 28, 1946) is an American banker and financier who served as the 74th United States Secretary of the Treasury from 2006 to 2009. Prior to his role in the Department of the Treasury, Paulson was the Chairman a ...
and Fed Chairman
Ben Bernanke Ben Shalom Bernanke ( ; born December 13, 1953) is an American economist who served as the 14th chairman of the Federal Reserve from 2006 to 2014. After leaving the Fed, he was appointed a distinguished fellow at the Brookings Institution. Duri ...
met with key legislators to propose a $700 billion emergency bailout of the banking system. Bernanke reportedly told them: "If we don't do this, we may not have an economy on Monday." The
Emergency Economic Stabilization Act The Emergency Economic Stabilization Act of 2008, often called the "bank bailout of 2008", was proposed by Treasury Secretary Henry Paulson, passed by the 110th United States Congress, and signed into law by President George W. Bush. It beca ...
, also called the
Troubled Asset Relief Program The Troubled Asset Relief Program (TARP) is a program of the United States government to purchase toxic assets and equity from financial institutions to strengthen its financial sector that was passed by Congress and signed into law by President ...
(TARP), was signed into law on October 3, 2008. Raum, Tom (October 3, 2008
Bush signs $700 billion bailout bill
NPR
Ben Bernanke also described his rationale for the
AIG American International Group, Inc. (AIG) is an American multinational finance and insurance corporation with operations in more than 80 countries and jurisdictions. , AIG companies employed 49,600 people.https://www.aig.com/content/dam/aig/amer ...
bailout as a "difficult but necessary step to protect our economy and stabilize our financial system." AIG had $952 billion in liabilities according to its 2007 annual report; its bankruptcy would have made the payment of these liabilities uncertain. Banks, municipalities, and insurers could have suffered significant financial losses, with unpredictable and potentially significant consequences. In the context of the dramatic business failures and takeovers of September 2008, he was unwilling to allow another large bankruptcy such as
Lehman Brothers Lehman Brothers Holdings Inc. ( ) was an American global financial services firm founded in 1847. Before filing for bankruptcy in 2008, Lehman was the fourth-largest investment bank in the United States (behind Goldman Sachs, Morgan Stanley, ...
, which had caused a run on money-market funds and caused a crisis of confidence that brought interbank lending to a standstill.


Arguments against bailouts

* Signals lower business standards for giant companies by incentivizing risk * Creates
moral hazard In economics, a moral hazard is a situation where an economic actor has an incentive to increase its exposure to risk because it does not bear the full costs of that risk. For example, when a corporation is insured, it may take on higher risk ...
through the assurance of safety nets * Instills a
corporatist Corporatism is a collectivist political ideology which advocates the organization of society by corporate groups, such as agricultural, labour, military, business, scientific, or guild associations, on the basis of their common interests. The ...
style of government in which businesses use the state's power to forcibly extract money from taxpayers. * Promotes centralized
bureaucracy The term bureaucracy () refers to a body of non-elected governing officials as well as to an administrative policy-making group. Historically, a bureaucracy was a government administration managed by departments staffed with non-elected offi ...
by allowing government powers to choose the terms of the bailout * Instills a socialistic style of government in which government creates and maintains control over businesses. On November 24, 2008,
Republican Republican can refer to: Political ideology * An advocate of a republic, a type of government that is not a monarchy or dictatorship, and is usually associated with the rule of law. ** Republicanism, the ideology in support of republics or agains ...
Congressman
Ron Paul Ronald Ernest Paul (born August 20, 1935) is an American author, activist, physician and retired politician who served as the U.S. representative for Texas's 22nd congressional district from 1976 to 1977 and again from 1979 to 1985, as we ...
(R-TX) wrote, "In bailing out failing companies, they are confiscating money from productive members of the economy and giving it to failing ones. By sustaining companies with obsolete or unsustainable business models, the government prevents their resources from being liquidated and made available to other companies that can put them to better, more productive use. An essential element of a healthy free market, is that both success and failure must be permitted to happen when they are earned. But instead with a bailout, the rewards are reversed – the proceeds from successful entities are given to failing ones. How this is supposed to be good for our economy is beyond me. ... It won’t work. It can’t work ... It is obvious to most Americans that we need to reject corporate cronyism, and allow the natural regulations and incentives of the free market to pick the winners and losers in our economy, not the whims of bureaucrats and politicians." Nicole Gelinas, a writer affiliated with the Manhattan Institute think tank, wrote in March 2009: "In place of a wrenching but consistent and well-tested process ankruptcyof winding down a failed company, what have we chosen? A world of investors who can never be sure, in the future, that if they put their money into a company that fails, they can depend on a reliable process to recoup some of their funds. Instead, they may find themselves at the mercy of a government veering from whim to whim as it reads the mood of a volatile public ... In saving the remnants of failed companies from free-market failures, Washington may be sacrificing the public’s confidence that the government can ensure that free markets are reasonably fair and impartial. One year into an era of exhausting and arbitrary bailouts, it’s not clear that our policy of destroying the system in order to save it is going to work." Bailouts can be costly for taxpayers. In 2002,
World Bank The World Bank is an international financial institution that provides loans and grants to the governments of low- and middle-income countries for the purpose of pursuing capital projects. The World Bank is the collective name for the Inte ...
reported that country bailouts cost an average of 13% of GDP. Based on U.S. GDP of $14 trillion in 2008, this would be approximately $1.8 trillion.


Homeowner assistance

A variety of voluntary private and government-administered or supported programs were implemented during 2007-2009 to assist homeowners with case-by-case mortgage assistance, to mitigate the foreclosure crisis engulfing the U.S. Examples include the
Housing and Economic Recovery Act of 2008 The United States Housing and Economic Recovery Act of 2008 () (commonly referred to as HERA) was designed primarily to address the subprime mortgage crisis. It authorized the Federal Housing Administration to guarantee up to $300 billion in ne ...
,
Hope Now Alliance The Hope Now Alliance is a cooperative effort between the US government, counselors, investors, and lenders to help homeowners who may not be able to pay their mortgages. Created in 2007 in response to the subprime mortgage crisis, the allianc ...
, and
Homeowners Affordability and Stability Plan The Homeowners Affordability and Stability Plan is a U.S. program announced on February 18, 2009, by U.S. President Barack Obama. According to the US Treasury Department, it is a $75 billion program to help up to nine million homeowners avoid forec ...
. These all operate under the paradigm of "one-at-a-time" or "case-by-case" loan modification, as opposed to automated or systemic loan modification. They typically offer incentives to various parties involved to help homeowners stay in their homes. There are four primary variables that can be adjusted to lower monthly payments and help homeowners: 1) Reduce the interest rate; 2) Reduce the loan principal amount; 3) Extend the mortgage term, such as from 30 to 40 years; and 4) Convert variable-rate ARM mortgages to fixed-rate.


Arguments for systematic refinancing

The Economist ''The Economist'' is a British weekly newspaper printed in demitab format and published digitally. It focuses on current affairs, international business, politics, technology, and culture. Based in London, the newspaper is owned by The Eco ...
described the issue this way: "No part of the financial crisis has received so much attention, with so little to show for it, as the tidal wave of home foreclosures sweeping over America. Government programmes have been ineffectual, and private efforts not much better." Up to 9 million homes may enter foreclosure over the 2009-2011 period, versus one million in a typical year. Critics have argued that the case-by-case loan modification method is ineffective, with too few homeowners assisted relative to the number of foreclosures and with nearly 40% of those assisted homeowners again becoming delinquent within 8 months. On 18 February 2009, economists Nouriel Roubini and
Mark Zandi Mark M. Zandi is an Iranian-American economist who is the chief economist of Moody's Analytics, where he directs economic research. Zandi's research interests encompass macroeconomics, financial markets and public policy. He analyzes the economi ...
recommended an "across the board" (systemic) reduction of mortgage principal balances by as much as 20-30%. Lowering the mortgage balance would help lower monthly payments and also address an estimated 20 million homeowners that may have a financial incentive to enter voluntary foreclosure because they are "underwater" (i.e., the mortgage balance is larger than the home value). Roubini further argued that mortgage balances could be reduced in exchange for the lender receiving a warrant that entitles them to some of the future home appreciation, in effect swapping mortgage debt for equity. This is analogous to the bondholder haircut concept discussed above. Harvard professor
Niall Ferguson Niall Campbell Ferguson FRSE (; born 18 April 1964)Biography
Niall Ferguson
wrote: "... we need ... a generalised conversion of American mortgages to lower interest rates and longer maturities. The idea of modifying mortgages appals legal purists as a violation of the sanctity of contract. But there are times when the public interest requires us to honour the rule of law in the breach. Repeatedly during the course of the 19th century governments changed the terms of bonds that they issued through a process known as “conversion”. A bond with a 5 per cent coupon would simply be exchanged for one with a 3 per cent coupon, to take account of falling market rates and prices. Such procedures were seldom stigmatised as default. Today, in the same way, we need an orderly conversion of adjustable rate mortgages to take account of the fundamentally altered financial environment." The State Foreclosure Prevention Working Group, a coalition of state attorneys general and bank regulators from 11 states, reported in April 2008 that loan servicers could not keep up with the rising number of foreclosures. 70% of subprime mortgage holders are not getting the help they need. Nearly two-thirds of loan workouts require more than six weeks to complete under the current "case-by-case" method of review. In order to slow the growth of foreclosures, the Group has recommended a more automated method of loan modification that can be applied to large blocks of struggling borrowers. In December 2008, the U.S. FDIC reported that more than half of mortgages modified during the first half of 2008 were delinquent again, in many cases because payments were not reduced or mortgage debt was not forgiven. This is further evidence that case-by-case loan modification is not effective as a policy tool. A report released in April 2009 by the
Office of the Comptroller of the Currency The Office of the Comptroller of the Currency (OCC) is an independent bureau within the United States Department of the Treasury that was established by the National Currency Act of 1863 and serves to charter, regulate, and supervise all nat ...
and
Office of Thrift Supervision The Office of Thrift Supervision (OTS) was a United States federal agency under the Department of the Treasury that chartered, supervised, and regulated all federally chartered and state-chartered savings banks and savings and loans associatio ...
indicated that fewer than half of loan modifications during 2008 reduced homeowner payments by more than 10%. Nearly one in four loan modifications during the fourth quarter of 2008 actually ''increased'' monthly payments. Nine months after modification, 26% of loans where monthly payments were reduced by 10% or more were again delinquent, versus 50% where payment amounts were unchanged. The U.S. Comptroller stated: "... modification strategies that result in unchanged or increased monthly payments run the risk of unacceptably high re-default rates." It is the inability of homeowners to pay their mortgages that causes
mortgage-backed securities A mortgage-backed security (MBS) is a type of asset-backed security (an 'instrument') which is secured by a mortgage or collection of mortgages. The mortgages are aggregated and sold to a group of individuals (a government agency or investment ba ...
to become "toxic" on the banks balance sheets. To use an analogy, it is the "upstream" problem of homeowners defaulting that creates toxic assets and banking insolvency "downstream." By assisting homeowners "upstream" at the core of the problem, banks would be assisted "downstream," helping both parties with the same set of funds. However, the government's primary assistance through April 2009 has been to the banks, helping only the "downstream" party rather than both. Economist
Dean Baker Dean Baker (born July 13, 1958) is an American macroeconomist who co-founded the Center for Economic and Policy Research (CEPR) with Mark Weisbrot. Baker has been credited as one of the first economists to have identified the 2007–08 United Sta ...
has argued for systematically converting mortgages to rental arrangements for homeowners at risk of foreclosure, at considerably reduced monthly payment amounts. Homeowners would be allowed to remain in the home for a substantial period time (e.g., 5–10 years). Rents would be at 50-70% of the current mortgage amount. Homeowners would be given this option, indirectly forcing banks to be more aggressive in their refinancing decisions.


Arguments against systematic refinancing

Historically, loans were originated by banks and held by them. However, mortgages originated over the past few years have increasingly been packaged and sold to investors via complex instruments called
mortgage-backed securities A mortgage-backed security (MBS) is a type of asset-backed security (an 'instrument') which is secured by a mortgage or collection of mortgages. The mortgages are aggregated and sold to a group of individuals (a government agency or investment ba ...
(MBSs) or collateralized debt obligations(CDO's). The contracts involved between the banks and investors may not allow systematic refinancing, as each loan must be individually approved by the investor or their delegates. Banks are concerned that they may face lawsuits if they unilaterally and systematically convert a large number of mortgages to more affordable terms. Such assistance may also further damage the financial condition of banks, although many have already written down MBS asset values and much of the impact would be absorbed by investors outside the banking system. Breaking contracts would potentially lead to higher interest rates, as investors demand higher compensation for taking the risk that their contracts may be subject to homeowner bailouts or relief mandated by the government. As with other government interventions, homeowner relief would create moral hazard – why should a potential homeowner make a
down payment Down payment (also called a deposit in British English), is an initial up-front partial payment for the purchase of expensive items/services such as a car or a house. It is usually paid in cash or equivalent at the time of finalizing the transactio ...
or limit himself to a house he can afford, if government is going to bail him out when he gets in trouble?


Conflicts of interest

A variety of
conflicts of interest A conflict of interest (COI) is a situation in which a person or organization is involved in multiple wikt:interest#Noun, interests, finance, financial or otherwise, and serving one interest could involve working against another. Typically, t ...
were argued as contributing to this crisis: * Private credit rating agencies are compensated for rating debt securities by those issuing the securities, who have an interest in seeing the most positive ratings applied. Critics argued for alternative funding mechanisms.NYT-Lewis and Einhorn-The End of the Financial World as We Know It-January 09
/ref> * There is a "revolving door" between major financial institutions, the Treasury Department, and Treasury bailout programs. For example, the former CEO of
Goldman Sachs Goldman Sachs () is an American multinational investment bank and financial services company. Founded in 1869, Goldman Sachs is headquartered at 200 West Street in Lower Manhattan, with regional headquarters in London, Warsaw, Bangalore, Ho ...
was
Henry Paulson Henry Merritt Paulson Jr. (born March 28, 1946) is an American banker and financier who served as the 74th United States Secretary of the Treasury from 2006 to 2009. Prior to his role in the Department of the Treasury, Paulson was the Chairman a ...
, who became President George W. Bush's Treasury Secretary. * There is a "revolving door" between major financial institutions and the
Securities and Exchange Commission The U.S. Securities and Exchange Commission (SEC) is an independent agency of the United States federal government, created in the aftermath of the Wall Street Crash of 1929. The primary purpose of the SEC is to enforce the law against market ...
(SEC), which is supposed to monitor them. A precedent is the Sarbanes–Oxley Act of 2002, which implemented a "cooling-off period" between auditors and the firms they audit. The law prohibits auditors from auditing a publicly traded firm if the CEO or top financial management worked for the audit firm during the past year.


Lobbying

Banks in the U.S. lobby politicians extensively, based on a November 2009 report from employees of the
International Monetary Fund The International Monetary Fund (IMF) is a major financial agency of the United Nations, and an international financial institution, headquartered in Washington, D.C., consisting of 190 countries. Its stated mission is "working to foster glo ...
(IMF) writing independently of that organization. The study concluded that: "the prevention of future crises might require weakening political influence of the financial industry or closer monitoring of lobbying activities to understand better the incentives behind it." The Boston Globe reported during that during January–June 2009, the largest four U.S. banks spent a combined $9.1 million on lobbying, with Citigroup spending $3.1 million; JP Morgan Chase $3.1 million; Bank of America $1.5 million; and Wells Fargo $1.4 million, despite receiving taxpayer bailouts. Prior to the crisis, banks that lobbied most aggressively also engaged in the riskiest practices. This suggests that the government was generally a force for caution and conservatism, while private industry lobbied for the ability to take greater risk. After the Financial Crisis, the financial services industry mounted an aggressive public relations and lobbying campaign designed to suggest that government policy rather than corporate policy caused the financial crisis. These arguments were made most aggressively by Peter Wallison of the
American Enterprise Institute The American Enterprise Institute for Public Policy Research, known simply as the American Enterprise Institute (AEI), is a center-right Washington, D.C.–based think tank that researches government, politics, economics, and social welfare. A ...
, a former Wall Street lawyer, Republican political figure, and longtime advocate of financial deregulation and privatization.


Regulation

President
Barack Obama Barack Hussein Obama II ( ; born August 4, 1961) is an American politician who served as the 44th president of the United States from 2009 to 2017. A member of the Democratic Party (United States), Democratic Party, Obama was the first Af ...
and key advisors introduced a series of regulatory proposals in June 2009. The proposals address consumer protection, executive pay, bank financial cushions or capital requirements, expanded regulation of the
shadow banking system The shadow banking system is a term for the collection of non-bank financial intermediaries (NBFIs) that provide services similar to traditional commercial banks but outside normal banking regulations. Examples of NBFIs include hedge funds, in ...
and derivatives, and enhanced authority for the
Federal Reserve The Federal Reserve System (often shortened to the Federal Reserve, or simply the Fed) is the central banking system of the United States of America. It was created on December 23, 1913, with the enactment of the Federal Reserve Act, after a ...
to safely wind-down systemically important institutions, among others.


Systemic risk regulator

The purpose of a systemic risk regulator would be to address the failure of any entity of sufficient scale that a disorderly failure would threaten the financial system. Such a regulator would be designed to address failures of entities such as
Lehman Brothers Lehman Brothers Holdings Inc. ( ) was an American global financial services firm founded in 1847. Before filing for bankruptcy in 2008, Lehman was the fourth-largest investment bank in the United States (behind Goldman Sachs, Morgan Stanley, ...
and
AIG American International Group, Inc. (AIG) is an American multinational finance and insurance corporation with operations in more than 80 countries and jurisdictions. , AIG companies employed 49,600 people.https://www.aig.com/content/dam/aig/amer ...
more effectively.


Arguments for a systemic risk regulator

Fed Chairman
Ben Bernanke Ben Shalom Bernanke ( ; born December 13, 1953) is an American economist who served as the 14th chairman of the Federal Reserve from 2006 to 2014. After leaving the Fed, he was appointed a distinguished fellow at the Brookings Institution. Duri ...
stated there is a need for "well-defined procedures and authorities for dealing with the potential failure of a systemically important non-bank financial institution." He also argued in March 2009: "... I would note that
AIG American International Group, Inc. (AIG) is an American multinational finance and insurance corporation with operations in more than 80 countries and jurisdictions. , AIG companies employed 49,600 people.https://www.aig.com/content/dam/aig/amer ...
offers two clear lessons for the upcoming discussion in the Congress and elsewhere on regulatory reform. First, AIG highlights the urgent need for new resolution procedures for systemically important nonbank financial firms. If a federal agency had had such tools on September 16, they could have been used to put AIG into conservatorship or receivership, unwind it slowly, protect policyholders, and impose haircuts on creditors and counterparties as appropriate. That outcome would have been far preferable to the situation we find ourselves in now. Second, the AIG situation highlights the need for strong, effective consolidated supervision of all systemically important financial firms. AIG built up its concentrated exposure to the subprime mortgage market largely out of the sight of its functional regulators. More-effective supervision might have identified and blocked the extraordinarily reckless risk-taking at AIG-FP. These two changes could measurably reduce the likelihood of future episodes of systemic risk like the one we faced at AIG." Economists Nouriel Roubini and Lasse Pederson recommended in January 2009 that capital requirements for financial institutions be proportional to the
systemic risk In finance, systemic risk is the risk of collapse of an entire financial system or entire market, as opposed to the risk associated with any one individual entity, group or component of a system, that can be contained therein without harming the ...
they pose, based on an assessment by regulators. Further, each financial institution would pay an insurance premium to the government based on its systemic risk. British Prime Minister
Gordon Brown James Gordon Brown (born 20 February 1951) is a British former politician who served as Prime Minister of the United Kingdom and Leader of the Labour Party from 2007 to 2010. He previously served as Chancellor of the Exchequer in Tony ...
and Nobel laureate
A. Michael Spence Andrew Michael Spence (born November 7, 1943) is a Canadian-American economist and Nobel laureate. Spence is the William R. Berkley Professor in Economics and Business at the Stern School of Business at New York University, and the Philip H. Kni ...
have argued for an "early warning system" to help detect a confluence of events leading to
systemic risk In finance, systemic risk is the risk of collapse of an entire financial system or entire market, as opposed to the risk associated with any one individual entity, group or component of a system, that can be contained therein without harming the ...
. Former Federal Reserve Chairman
Paul Volcker Paul Adolph Volcker Jr. (September 5, 1927 – December 8, 2019) was an American economist who served as the 12th chairman of the Federal Reserve from 1979 to 1987. During his tenure as chairman, Volcker was widely credited with having ended th ...
testified in September 2009 regarding how to deal with a systemically important non-bank that might get into trouble: # A government entity should have the authority to take over a failed or failing non-bank institution and manage that institution. # The regulator should attempt to find a merger partner. If no partner can be found, the entity should ask debtholders to exchange debt for equity to make the company solvent again. # If none of the above works, the regulator should arrange an orderly liquidation. Volcker argued that none of the above involves injection of government or taxpayer money but involves an organized procedure for winding down a systemically important non-banking institutions. He advocated that this authority should reside with the Federal Reserve rather than a council of regulators.


Arguments against a systemic risk regulator

Libertarians and conservatives argue for minimal or no regulation, preferring to let markets regulate themselves. Writers such as Peter Wallison, a former Wall Street lawyer, Republican political figure, and longtime advocate of financial deregulation and privatization, argue that it was government intervention, such as allegedly requiring
Fannie Mae The Federal National Mortgage Association (FNMA), commonly known as Fannie Mae, is a United States government-sponsored enterprise (GSE) and, since 1968, a publicly traded company. Founded in 1938 during the Great Depression as part of the N ...
and
Freddie Mac The Federal Home Loan Mortgage Corporation (FHLMC), commonly known as Freddie Mac, is a publicly traded, government-sponsored enterprise (GSE), headquartered in Tysons Corner, Virginia. Independent academic scholars have disputed these assertions, noting that Fannie Mae and Freddie Mac loans performed better than those securitized by more lightly regulated investment banks, and that government mandated CRA loans performed better than market driven subprime mortgages. They've also questioned Wallison's impartiality, noting extensive funding for AEI by the financial industry, and AEI's apparent efforts to increase financial industry donations by suggesting that Wallison would use his position on the Financial Crisis Inquiry Commission to benefit the Financial Industry. Critics have also raised questions about Wallison's methodology and use of data.


Regulating the shadow banking system

Unregulated financial institutions called the
shadow banking system The shadow banking system is a term for the collection of non-bank financial intermediaries (NBFIs) that provide services similar to traditional commercial banks but outside normal banking regulations. Examples of NBFIs include hedge funds, in ...
play a critical role in the credit markets. In a June 2008 speech, U.S. Treasury Secretary
Timothy Geithner Timothy Franz Geithner (; born August 18, 1961) is a former American central banker who served as the 75th United States Secretary of the Treasury under President Barack Obama from 2009 to 2013. He was the President of the Federal Reserve Bank ...
, then President and CEO of the NY Federal Reserve Bank, placed significant blame for the freezing of credit markets on a "run" on the entities in the "parallel" banking system, also called the shadow banking system. He described the significance of this unregulated banking system: "In early 2007,
asset-backed commercial paper Asset-backed commercial paper (ABCP) is a form of commercial paper that is collateralized by other financial assets. Institutional investors usually purchase such instruments in order to diversify their assets and generate short-term gains. Str ...
conduits, in structured investment vehicles, in auction-rate preferred securities, tender option bonds and variable rate demand notes, had a combined asset size of roughly $2.2 trillion. Assets financed overnight in triparty repo grew to $2.5 trillion. Assets held in hedge funds grew to roughly $1.8 trillion. The combined balance sheets of the then five major investment banks totaled $4 trillion. In comparison, the total assets of the top five bank holding companies in the United States at that point were just over $6 trillion, and total assets of the entire banking system were about $10 trillion." He stated that the "combined effect of these factors was a financial system vulnerable to self-reinforcing asset price and credit cycles." The FDIC has the authority to take over a struggling depository bank and liquidate it in an orderly way; it lacks this authority for non-bank financial institutions that have become an increasingly important part of the credit markets.


Arguments for regulating the shadow banking system

Nobel laureate
Paul Krugman Paul Robin Krugman ( ; born February 28, 1953) is an American economist, who is Distinguished Professor of Economics at the Graduate Center of the City University of New York, and a columnist for ''The New York Times''. In 2008, Krugman was t ...
described the run on the
shadow banking system The shadow banking system is a term for the collection of non-bank financial intermediaries (NBFIs) that provide services similar to traditional commercial banks but outside normal banking regulations. Examples of NBFIs include hedge funds, in ...
as the "core of what happened" to cause the crisis. "As the shadow banking system expanded to rival or even surpass conventional banking in importance, politicians and government officials should have realized that they were re-creating the kind of financial vulnerability that made the Great Depression possible – and they should have responded by extending regulations and the financial safety net to cover these new institutions. Influential figures should have proclaimed a simple rule: anything that does what a bank does, anything that has to be rescued in crises the way banks are, should be regulated like a bank." He referred to this lack of controls as "malign neglect." Krugman wrote in April 2010: "What we need now are two things: (a) regulators need the authority to seize failing shadow banks, the way the Federal Deposit Insurance Corporation already has the authority to seize failing conventional banks, and (b) there have to be prudential limits on shadow banks, above all limits on their leverage." The crisis surrounding the failure of
Long-term Capital Management Long-Term Capital Management L.P. (LTCM) was a highly-leveraged hedge fund. In 1998, it received a $3.6 billion bailout from a group of 14 banks, in a deal brokered and put together by the Federal Reserve Bank of New York. LTCM was founded in ...
in 1998 was an example of an unregulated shadow banking institution that many believed posed a systemic risk. Economist Nouriel Roubini argued that
market discipline Buyers and sellers in a market are said to be constrained by market discipline in setting prices because they have strong incentives to generate revenues and avoid bankruptcy. This means, in order to meet economic necessity, buyers must avoid p ...
, or free market incentives for depositors and investors to monitor banks to prevent excessive risk taking, breaks down when there is mania or bubble psychology inflating asset prices. People take excessive risks and ignore risk managers during these periods. Without proper regulation, the "law of the jungle" rules. Excessive financial innovation that is not controlled is "very risky." He stated: "Self-regulation is meaningless; it means no regulation." Former Chairman and CEO of Citigroup Chuck Prince said in July 2007: "When the music stops, in terms of liquidity, things will be complicated. But as long as the music is playing, you’ve got to get up and dance. We’re still dancing." Market pressures to grow profits by taking increasing risks were significant throughout the boom period. The largest five investment banks (such as
Bear Stearns The Bear Stearns Companies, Inc. was a New York-based global investment bank, securities trading and brokerage firm that failed in 2008 as part of the global financial crisis and recession, and was subsequently sold to JPMorgan Chase. The com ...
and
Lehman Brothers Lehman Brothers Holdings Inc. ( ) was an American global financial services firm founded in 1847. Before filing for bankruptcy in 2008, Lehman was the fourth-largest investment bank in the United States (behind Goldman Sachs, Morgan Stanley, ...
), were either taken over, liquidated, or converted to depository banks. These institutions had increased their leverage ratios, a measure of risk defined as the ratio of assets or debt to capital, significantly from 2003 to 2007 (see diagram).


Arguments against regulating the shadow banking system

Writers at the financial-industry-funded American Enterprise Institute and similar corporate-funded think tanks have claimed that banking regulations did not prevent the crisis, and that regulations therefore can never be effective. According to Peter J. Wallison of the
American Enterprise Institute The American Enterprise Institute for Public Policy Research, known simply as the American Enterprise Institute (AEI), is a center-right Washington, D.C.–based think tank that researches government, politics, economics, and social welfare. A ...
, "... the federal government had to commit several hundred billion dollars for a guarantee of Citigroup's assets, despite the fact that examiners from the Office of the Comptroller of the Currency (OCC) have been inside the bank full-time for years, supervising the operations of this giant institution under the broad powers granted by FDICIA to bank supervisors." He questions whether regulation is better than market discipline at preventing the failure of financial institutions, as follows: * "The very existence of regulation – especially safety-and-soundness regulation – creates moral hazard and reduces market discipline. Market participants believe that if the government is looking over the shoulder of the regulated industry, it is able to control risk-taking, and lenders are thus less wary that regulated entities are assuming unusual or excessive risks. * Regulation creates anticompetitive economies of scale. The costs of regulation are more easily borne by large companies than by small ones. Moreover, large companies have the ability to influence regulators to adopt regulations that favor their operations over those of smaller competitors, particularly when regulations add costs that smaller companies cannot bear. * Regulation impairs innovation. Regulatory approvals necessary for new products or services delay implementation, give competitors an opportunity to imitate, and add costs to the process of developing new ways of doing business or new services. * Regulation adds costs to consumer products. These costs are frequently not worth the additional amount that consumers are required to pay. * Safety-and-soundness regulation in particular preserves weak managements and outdated business models, imposing long-term costs on society." These industry funded think tanks have claimed that market bubbles are not caused by failure of a free market to control manias, but rather by government policy. Others have disputed these claims.


Bank capital requirements & leverage restrictions

Nondepository banks (e.g.,
investment bank Investment is the dedication of money to purchase of an asset to attain an increase in value over a period of time. Investment requires a sacrifice of some present asset, such as time, money, or effort. In finance, the purpose of investing i ...
s and mortgage companies) are not subject to the same capital requirements (or leverage restrictions) as
depository bank A depository bank ( U.S. usage) or depositary bank (predominantly EU usage) is a specialist financial entity which, depending on jurisdiction, facilitates investment in securities markets. Depository banks in the United States In the United ...
s. For example, the largest five investment banks were leveraged approximately 30:1 based on their 2007 financial statements, meaning that only a 3.33% decline in the value of their assets could make them insolvent as explained above. Many investment banks had limited capital to offset declines in their holdings of
mortgage-backed securities A mortgage-backed security (MBS) is a type of asset-backed security (an 'instrument') which is secured by a mortgage or collection of mortgages. The mortgages are aggregated and sold to a group of individuals (a government agency or investment ba ...
, or to support their side of credit default insurance contracts. Insurance companies such as AIG did not have sufficient capital to support the amounts they were insuring and were unable to post the required collateral as the crisis deepened.


Arguments for stronger bank capital requirements / leverage restriction

Nobel prize winner
Joseph Stiglitz Joseph Eugene Stiglitz (; born February 9, 1943) is an American New Keynesian economist, a public policy analyst, and a full professor at Columbia University. He is a recipient of the Nobel Memorial Prize in Economic Sciences (2001) and the J ...
has recommended that the USA adopt regulations restricting leverage, and preventing companies from becoming "too big to fail."
Alan Greenspan Alan Greenspan (born March 6, 1926) is an American economist who served as the 13th chairman of the Federal Reserve from 1987 to 2006. He works as a private adviser and provides consulting for firms through his company, Greenspan Associates LLC. ...
has called for banks to have a 14% capital ratio, rather than the historical 8-10%. Major U.S. banks had capital ratios of around 12% in December 2008 after the initial round of bailout funds. The minimum capital ratio is regulated. Greenspan also wrote in March 2009: "New regulatory challenges arise because of the recently proven fact that some financial institutions have become too big to fail as their failure would raise systemic concerns. This status gives them a highly market-distorting special competitive advantage in pricing their debt and equities. The solution is to have graduated regulatory capital requirements to discourage them from becoming too big and to offset their competitive advantage." He estimated that another $850 billion will be required to properly capitalize major banks. Economist
Raghuram Rajan Raghuram Govind Rajan (born 3 February 1963) is an Indian economist and the Katherine Dusak Miller Distinguished Service Professor of Finance at the University of Chicago Booth School of Business. Quote: "I am an Indian citizen. I have always ...
has argued for regulations requiring "contingent capital." For example, financial institutions would be required to pay insurance premiums to the government during boom periods, in exchange for payments during a downturn. Alternatively, they would issue debt that converts to equity during downturns or when certain capital thresholds are met, both reducing their interest burden and expanding their capital base to enable lending. Economist
Paul McCulley Paul Allen McCulley (born March 13, 1957) is an American economist and former managing director at PIMCO. He coined the terms " Minsky moment" and "shadow banking system", which became famous during the Financial crisis of 2007–2009. He is curr ...
advocated "counter-cyclical regulatory policy to help modulate human nature." He cited the work of economist
Hyman Minsky Hyman Philip Minsky (September 23, 1919 – October 24, 1996) was an American economist, a professor of economics at Washington University in St. Louis, and a distinguished scholar at the Levy Economics Institute of Bard College. His research ...
, who believed that human behavior is pro-cyclical, meaning it amplifies the extent of booms and busts. In other words, humans are momentum investors rather than value investors. Counter-cyclical policies would include increasing capital requirements during boom periods and reducing them during busts.
JP Morgan Chase JPMorgan Chase & Co. is an American multinational investment bank and financial services holding company headquartered in New York City and incorporated in Delaware. As of 2022, JPMorgan Chase is the largest bank in the United States, the w ...
CEO Jamie Dimon also supported increased capital requirements: "Also welcome in the administration's new proposals is the focus on strong capital and liquidity requirements – not just for traditional banks but for a broad range of financial institutions. We now know that "once-in-a-generation" swings in the business cycle are anything but. All financial institutions, wherever they're regulated, must stand ready with strong capital reserves to serve as a cushion during times of unexpected market and economic difficulties. This must be combined with adequate loan loss reserves, to cover the expected losses from the growing number of borrowers who likely will default, and necessary liquidity, in case credit markets freeze up as they did last fall."


Arguments against bank capital requirements / leverage restriction

Higher capital ratios or requirements mean banks cannot lend as much of their capital base, which increases interest rates and theoretically places downward pressure on economic growth relative to freer lending regulations. During a boom (before the corresponding bust begins), even most economists are unable to distinguish the boom from a period of normal (but rapid) growth. Thus officials will be unwilling or politically unable to impose counter-cyclical policies during a boom. No one wants to take away the punch bowl just when the party is warming up.


Breaking up financial institutions that are "too big to fail"

Regulators and central bankers have argued that certain systemically important institutions not be allowed to fail, due to concerns regarding widespread disruption of credit markets.


Arguments for breaking-up large financial institutions

Economists
Joseph Stiglitz Joseph Eugene Stiglitz (; born February 9, 1943) is an American New Keynesian economist, a public policy analyst, and a full professor at Columbia University. He is a recipient of the Nobel Memorial Prize in Economic Sciences (2001) and the J ...
and Simon Johnson have argued that institutions that are "too big to fail" should be broken up, perhaps by splitting them into smaller regional institutions. Dr. Stiglitz argued that big banks are more prone to taking excessive risks due to the availability of support by the federal government should their bets go bad. Various Wall Street special interests would likely be weakened if major financial institutions are broken-up or no longer allowed to make campaign contributions. Further, restrictions could be placed more easily on the "revolving door" of executives between investment banks and various government agencies or departments. Similar rules regarding conflicts of interest were placed on accounting firms and the corporations they audit as part of the
Sarbanes–Oxley Act The Sarbanes–Oxley Act of 2002 is a United States federal law that mandates certain practices in financial record keeping and reporting for corporations. The act, (), also known as the "Public Company Accounting Reform and Investor Protect ...
of 2002. The Glass–Steagall Act was enacted after the
Great Depression The Great Depression (19291939) was an economic shock that impacted most countries across the world. It was a period of economic depression that became evident after a major fall in stock prices in the United States. The economic contagio ...
. It separated commercial banks and investment banks, in part to avoid potential conflicts of interest between the lending activities of the former and rating activities of the latter. Economist
Joseph Stiglitz Joseph Eugene Stiglitz (; born February 9, 1943) is an American New Keynesian economist, a public policy analyst, and a full professor at Columbia University. He is a recipient of the Nobel Memorial Prize in Economic Sciences (2001) and the J ...
criticized the repeal of key provisions of the Act. He called its repeal the "culmination of a $300 million lobbying effort by the banking and financial services industries ... spearheaded in Congress by Senator
Phil Gramm William Philip Gramm (born July 8, 1942) is an American economist and politician who represented Texas in both chambers of Congress. Though he began his political career as a Democrat, Gramm switched to the Republican Party in 1983. Gramm was a ...
." He believes it contributed to this crisis because the risk-taking culture of investment banking dominated the more conservative commercial banking culture, leading to increased levels of risk-taking and leverage during the boom period.
Martin Wolf Martin Harry Wolf (born 16 August 1946 in London) is a British journalist of Austrian-Dutch descent who focuses on economics. He is the associate editor and chief economics commentator at the '' Financial Times''. Early life Wolf was born ...
wrote in June 2009: "A business that is too big to fail cannot be run in the interests of shareholders, since it is no longer part of the market. Either it must be possible to close it down or it has to be run in a different way. It is as simple – and brutal – as that."
Niall Ferguson Niall Campbell Ferguson FRSE (; born 18 April 1964)Biography
Niall Ferguson
wrote in September 2009: "What's needed is a serious application of antitrust law to the financial-services sector and a speedy end to institutions that are 'too big to fail.' In particular, the government needs to clarify that federal insurance applies only to bank deposits and that bank bondholders will no longer protected, as they have been in this crisis. In other words, when a bank goes bankrupt, the creditors should take the hit, not the taxpayers." The ''
New York Times ''The New York Times'' (''the Times'', ''NYT'', or the Gray Lady) is a daily newspaper based in New York City with a worldwide readership reported in 2020 to comprise a declining 840,000 paid print subscribers, and a growing 6 million paid ...
'' editorial board wrote in December 2009: "If we have learned anything over the last couple of years, it is that banks that are too big to fail pose too much of a risk to the economy. Any serious effort to reform the financial system must ensure that no such banks exist." President
Barack Obama Barack Hussein Obama II ( ; born August 4, 1961) is an American politician who served as the 44th president of the United States from 2009 to 2017. A member of the Democratic Party (United States), Democratic Party, Obama was the first Af ...
argued in January 2010 that depository banks should not be able to trade on their own accounts, which effectively brings back Glass-Steagall Act rules separating depository and investment banking. This is because taxpayers guarantee the deposits of depository banks and high-risk bets with that money would be inappropriate.


Arguments against breaking-up large financial institutions

There is evidence that certain financial functions may be more stable within an oligopolistic or monopolistic market structure, and that competition may contribute to declining standards and instability. Some corporate customers may be inconvenienced by having to work with separate depository and investment banks, through the re-enactment of a law such as the Glass-Steagal Act.


Short-selling restrictions

Short-selling In finance, being short in an asset means investing in such a way that the investor will profit if the value of the asset falls. This is the opposite of a more conventional " long" position, where the investor will profit if the value of the ...
enables investors to make money when a stock or investment goes down in value. Short-sellers made enormous profits throughout the financial crisis.


Arguments for restricting short-selling

Some believe that
bear raid A bear raid is a type of stock market strategy, where a trader (or group of traders) attempts to force down the price of a stock to cover a short position. The name is derived from the common use of ''bear'' or ''bearish'' in the language of ma ...
s or deliberate attempts to reduce the value of stocks caused the downfall of certain firms, such as
Bear Stearns The Bear Stearns Companies, Inc. was a New York-based global investment bank, securities trading and brokerage firm that failed in 2008 as part of the global financial crisis and recession, and was subsequently sold to JPMorgan Chase. The com ...
. Hedge funds or large investors with significant short positions allegedly began a rumor campaign, creating a crisis of confidence regarding the firm. Since it was financed by short-term loans that frequently required replenishment and was highly leveraged (i.e., vulnerable), such rumors may have contributed to bankrupting the firm as lenders refused to extend financing and investors pulled funds from the company. On 18 September 2008, UK regulators announced a temporary ban on
short-selling In finance, being short in an asset means investing in such a way that the investor will profit if the value of the asset falls. This is the opposite of a more conventional " long" position, where the investor will profit if the value of the ...
the stock of financial firms.


Arguments against restricting short-selling

The ratio of those "long" (i.e., those who are betting the stock will go up) or "short" (i.e., those who are betting the stock will go down) sends important signals regarding the future direction of the stock or expectations of future performance. Short selling is only harmful if it reduces the price of the investment below what its value should be. However, if that occurs, then the short seller would suffer a loss since the price would tend to go back up to its appropriate value; and too many such losses would put him out of business. Thus no regulation is needed. Short selling helps bring prices down to their appropriate level more quickly. Bear raids (like bank runs) are only a danger to firms which are over-extended and thus deserve to fail.


Derivatives regulation

Credit derivative In finance, a credit derivative refers to any one of "various instruments and techniques designed to separate and then transfer the '' credit risk''"The Economist ''Passing on the risks'' 2 November 1996 or the risk of an event of default of a co ...
s such as
credit default swaps A credit default swap (CDS) is a financial swap agreement that the seller of the CDS will compensate the buyer in the event of a debt default (by the debtor) or other credit event. That is, the seller of the CDS insures the buyer against some ...
(CDS) can be thought of as insurance policies that protect a lender from the risk of default by the borrower. Party A pays a premium to Party B, who agrees to pay Party A in the event Party C defaults on its obligations, such as bonds. CDS can be used to hedge or can be used speculatively. Derivatives usage grew dramatically in the years preceding the crisis. The volume of CDS outstanding increased 100-fold from 1998 to 2008, with estimates of the debt covered by CDS contracts, as of November 2008, ranging from US$33 to $47 trillion. Total over-the-counter (OTC) derivative notional value rose to $683 trillion by June 2008. Author
Michael Lewis Michael Monroe Lewis (born October 15, 1960) Gale Biography In Context. is an American author and financial journalist. He has also been a contributing editor to ''Vanity Fair'' since 2009, writing mostly on business, finance, and economics. He ...
wrote that CDS enabled speculators to stack bets on the same mortgage bonds and CDO's. This is analogous to allowing many persons to buy insurance on the same house. Speculators that bought CDS insurance were betting that significant defaults would occur, while the sellers (such as
AIG American International Group, Inc. (AIG) is an American multinational finance and insurance corporation with operations in more than 80 countries and jurisdictions. , AIG companies employed 49,600 people.https://www.aig.com/content/dam/aig/amer ...
) bet they would not.


Arguments for regulating credit derivatives

Warren Buffett Warren Edward Buffett ( ; born August 30, 1930) is an American business magnate, investor, and philanthropist. He is currently the chairman and CEO of Berkshire Hathaway. He is one of the most successful investors in the world and has a net ...
famously referred to derivatives as "financial weapons of mass destruction" in early 2003. Former President
Bill Clinton William Jefferson Clinton (né Blythe III; born August 19, 1946) is an American politician who served as the 42nd president of the United States from 1993 to 2001. He previously served as governor of Arkansas from 1979 to 1981 and again ...
and former Federal Reserve Chairman
Alan Greenspan Alan Greenspan (born March 6, 1926) is an American economist who served as the 13th chairman of the Federal Reserve from 1987 to 2006. He works as a private adviser and provides consulting for firms through his company, Greenspan Associates LLC. ...
indicated they did not properly regulate derivatives, including
credit default swaps A credit default swap (CDS) is a financial swap agreement that the seller of the CDS will compensate the buyer in the event of a debt default (by the debtor) or other credit event. That is, the seller of the CDS insures the buyer against some ...
(CDS). A bill (the Derivatives Markets Transparency and Accountability Act of 2009 (H.R. 977) has been proposed to further regulate the CDS market and establish a clearinghouse. This bill would provide the authority to suspend CDS trading under certain conditions. Economist
Joseph Stiglitz Joseph Eugene Stiglitz (; born February 9, 1943) is an American New Keynesian economist, a public policy analyst, and a full professor at Columbia University. He is a recipient of the Nobel Memorial Prize in Economic Sciences (2001) and the J ...
summarized how CDS contributed to the systemic meltdown: "With this complicated intertwining of bets of great magnitude, no one could be sure of the financial position of anyone else-or even of one's own position. Not surprisingly, the credit markets froze." NY Insurance Superintendent
Eric Dinallo Eric R. Dinallo is a partner and chair of the insurance regulatory practice at Debevoise & Plimpton LLP and a member of the firm's Financial Institutions and White Collar & Regulatory Defense Groups. Formerly Executive Vice President, Chief Leg ...
argued in April 2009 for the regulation of CDS and capital requirements sufficient to support financial commitments made by institutions. "Credit default swaps are the rocket fuel that turned the subprime mortgage fire into a conflagration. They were the major cause of AIG’s – and by extension the banks’ – problems. ... In sum, if you offer a guarantee – no matter whether you call it a banking deposit, an insurance policy, or a bet – regulation should ensure you have the capital to deliver." He also wrote that banks bought CDS to enable them to reduce the amount of capital they were required to hold against investments, thereby avoiding capital regulations. Financier
George Soros George Soros ( name written in eastern order), (born György Schwartz, August 12, 1930) is a Hungarian-American businessman and philanthropist. , he had a net worth of US$8.6 billion, Note that this site is updated daily. having donated mo ...
has recommended that credit default swaps no longer be traded, calling them "instruments of destruction that ought to be outlawed." U.S. Treasury Secretary
Timothy Geithner Timothy Franz Geithner (; born August 18, 1961) is a former American central banker who served as the 75th United States Secretary of the Treasury under President Barack Obama from 2009 to 2013. He was the President of the Federal Reserve Bank ...
proposed a framework for legislation to regulate derivatives during May 2009, stating that "... derivatives are largely excluded or exempted from regulation." Key elements of the framework include: * Require clearing of all standardized over-the-counter (OTC) derivatives through regulated central counterparties (CCPs); * Robust margin and capital requirements for key market participants; * Financial reporting and disclosure requirements; * Clarify regulatory enforcement authorities of the U.S. Securities and Exchange Commission (SEC) and
Commodity Futures Trading Commission The Commodity Futures Trading Commission (CFTC) is an independent agency of the US government created in 1974 that regulates the U.S. derivatives markets, which includes futures, swaps, and certain kinds of options. The Commodity Exchange Act ...
(CFTC); and * Limiting the types of counterparties that can participate in derivative transactions.


Arguments against regulating credit derivatives

Credit derivatives provide market signals regarding the risk of particular investments. For example, the cost of providing CDS protection for particular bonds is a signal regarding the risk of those bonds. CDS also allow particular credit risks to be hedged, as an entity can purchase protection from many sources of credit risk, much like an insurance policy. While total notional value related to CDS are enormous (estimated between $25–$50 trillion), the true exposure related to that notional value is approximately $2.5-$3.0 trillion. This amount would only be lost if the underlying assets lost their entire value (i.e., akin to all the cars insured by car insurance companies being totaled simultaneously; CDS insure bonds instead of cars), which is outside any reasonable scenario. Since many of these CDS provide protection against defaults of bonds in quality companies, true risk of loss related to CDS is considerably less.


Mortgage lending regulations

Mortgage lending standards declined during the boom and complex, risky mortgage offerings were made to consumers that arguably did not understand them. At the height of the bubble in 2005, the median down payment for first-time home buyers was 2%, with 43% of those buyers making no down payment whatsoever. An estimated one-third of adjustable rate mortgages originated between 2004 and 2006 had "teaser" rates below 4%, which then increased significantly after some initial period, as much as doubling the monthly payment.


Arguments for establishing minimum down payments and lending standards

Lending standards declined sharply before the financial crisis. There is strong evidence that lending standards generally loosen during prosperous times, and that permitting financial institutions to compete with each other for revenue and market share by lowering standards lead to a "race toward the bottom." There is also strong evidence that the expansion in mortgage lending including subprime lending, and more generally lending in lower income census tracts, was disproportionately fueled by lightly regulated non-bank independent mortgage lenders. There is also evidence that areas served predominantly by independent lenders saw sharper increases in foreclosure rates.
Warren Buffett Warren Edward Buffett ( ; born August 30, 1930) is an American business magnate, investor, and philanthropist. He is currently the chairman and CEO of Berkshire Hathaway. He is one of the most successful investors in the world and has a net ...
stated in February 2009: "The present housing debacle should teach home buyers, lenders, brokers and government some simple lessons that will ensure stability in the future. Home purchases should involve an honest-to-God down payment of at least 10 percent and monthly payments that can be comfortably handled by the borrower's income. That income should be carefully verified." China has down payment requirements that exceed 20%, with higher amounts for non-primary residences. Economist Stan Leibowitz argued that the most important factor in foreclosures was the extent to which the homeowner has positive equity. Although only 12% of homes had negative equity, they constituted 47% of all foreclosures during the second half of 2008. He advocated "relatively high" minimum down payments and stronger underwriting standards. "If substantial down payments had been required, the housing price bubble would certainly have been smaller, if it occurred at all, and the incidence of negative equity would have been much smaller even as home prices fell. A further beneficial regulation would be a strengthening, or at least clarifying at a national level, of the recourse that mortgage lenders have if a borrower defaults. Many defaults could be mitigated if homeowners with financial resources know they can't just walk away." A 2009
Republican Republican can refer to: Political ideology * An advocate of a republic, a type of government that is not a monarchy or dictatorship, and is usually associated with the rule of law. ** Republicanism, the ideology in support of republics or agains ...
congressional staff report cited government pressure as a cause of the crisis: "Washington must reexamine its politically expedient but irresponsible approach to encouraging higher levels of home ownership based on imprudently small down payments and too little emphasis on borrowers’ creditworthiness and ability to repay their loans." The Fed implemented new rules for mortgage lenders in July 2008.


Arguments against establishing minimum down payments and lending standards

Higher lending standards may place downward pressure on economic growth and prevents those of lesser economic means from owning their own home.


Executive compensation


Arguments for regulating executive compensation

Economist
Joseph Stiglitz Joseph Eugene Stiglitz (; born February 9, 1943) is an American New Keynesian economist, a public policy analyst, and a full professor at Columbia University. He is a recipient of the Nobel Memorial Prize in Economic Sciences (2001) and the J ...
argued: "We need first to correct incentives for executives, reducing the scope for conflicts of interest and improving shareholder information about dilution in share value as a result of stock options. We should mitigate the incentives for excessive risk-taking and the short-term focus that has so long prevailed, for instance, by requiring bonuses to be paid on the basis of, say, five-year returns, rather than annual returns." The ratio of average CEO total direct compensation relative to that of the average worker increased from 29 times (1969) to 126 times (1992) and 275 times in 2007. Bank CEO Jamie Dimon argued: "Rewards have to track real, sustained, risk-adjusted performance. Golden parachutes, special contracts, and unreasonable perks must disappear. There must be a relentless focus on risk management that starts at the top of the organization and permeates down to the entire firm. This should be business-as-usual, but at too many places, it wasn't." President Obama has assigned Kenneth Feinberg as "Special Master" on executive pay, for firms that received government assistance, including several major banks and General Motors. He will review the pay packages proposed by these firms for their top executives.


Arguments against regulating executive compensation

The top executives of a business are primarily responsible for ensuring that the business is conducted in a profitable manner; this can make the difference between a viable business and a failure which must be liquidated. Very few people are willing and able to perform that kind of task. Thus it is reasonable for boards of directors of large corporations to pay very high salaries to top executives who can perform. To ensure performance, it is usual to link the compensation to measures of the business's success, e.g. by paying the executive mostly in stock or call options which are deferred (to give the stock market a chance to evaluate the executive's performance before he can cash in on it). When especially successful, the executive can expect to receive compensation exceeding the average of other executives in comparable positions. Some say the opposition to such high compensation is largely based on ''envy'' – many people do not want to acknowledge that the work of another person could be worth hundreds of times more than their own work. Perhaps they resent the success of others. Critics say that if government regulates executive compensation, then it will be removing the main tool by which the owners of the business control their company – such controls would amount to de facto nationalization. Capable executives may move to unregulated or foreign companies.


Financial Products Safety Commission (FPSC)

The concept is that a government agency or commission would review new financial products, similar to how the U.S.
Food and Drug Administration The United States Food and Drug Administration (FDA or US FDA) is a federal agency of the Department of Health and Human Services. The FDA is responsible for protecting and promoting public health through the control and supervision of food ...
reviews new drugs. Products would be reviewed to ensure the risks could be "safe for consumption" and effectively communicated to investors or homeowners, depending on the product. Related legislation has been proposed in Congress.


Arguments for a FPSC

Economist
Joseph Stiglitz Joseph Eugene Stiglitz (; born February 9, 1943) is an American New Keynesian economist, a public policy analyst, and a full professor at Columbia University. He is a recipient of the Nobel Memorial Prize in Economic Sciences (2001) and the J ...
has argued that a government agency should review new financial products. A financial products safety commission concept was included in the plan outlined by President Obama and his financial team.Washington Post – Geithner and Summers – A New Financial Foundation
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Arguments against a FPSC

Critics may argue that such a commission would slow financial innovation, adversely impact Wall Street profit, or reduce credit availability if popular products (such as adjustable rate mortgages) are deemed inappropriate for consumers. If people want U.S. government guaranteed safety, they can put their money in: cash, an FDIC insured account, or in U.S. Treasury securities. The whole point of other securities is to allow people to make their own judgment on risk instead of accepting the opinion of a financial dictator such as FPSC.


See also

*
Bailout A bailout is the provision of financial help to a corporation or country which otherwise would be on the brink of bankruptcy. A bailout differs from the term ''bail-in'' (coined in 2010) under which the bondholders or depositors of global sys ...
*
Long-term Capital Management Long-Term Capital Management L.P. (LTCM) was a highly-leveraged hedge fund. In 1998, it received a $3.6 billion bailout from a group of 14 banks, in a deal brokered and put together by the Federal Reserve Bank of New York. LTCM was founded in ...
*
Panic of 1907 The Panic of 1907, also known as the 1907 Bankers' Panic or Knickerbocker Crisis, was a financial crisis that took place in the United States over a three-week period starting in mid-October, when the New York Stock Exchange fell almost 50% fro ...
*
Shadow banking system The shadow banking system is a term for the collection of non-bank financial intermediaries (NBFIs) that provide services similar to traditional commercial banks but outside normal banking regulations. Examples of NBFIs include hedge funds, in ...
*
Subprime mortgage crisis The United States subprime mortgage crisis was a multinational financial crisis that occurred between 2007 and 2010 that contributed to the 2007–2008 global financial crisis. It was triggered by a large decline in US home prices after the col ...
*
United States federal budget The United States budget comprises the spending and revenues of the U.S. federal government. The budget is the financial representation of the priorities of the government, reflecting historical debates and competing economic philosophies. Th ...


References


External links


Brookings Institution – Bad Bank, Nationalization, Guarantees

Brookings Institution – The Administrations New Financial Rescue Plan

AEI – Regulation without Reason

Charlie Rose – March Interview with NYT: Krugman, Nocera, Sorkin

President Obama-Remarks on Financial Rescue and Reform-September 14, 2009

NYT-Freakonomics Blog-How Would You Simplify the Financial Reform Bill? August, 2010

Stiglitz Testimony
{{DEFAULTSORT:Subprime Mortgage Crisis Solutions Debate Solutions debate