The Role of Information Failures in the Financial Meltdown

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The Role of Information Failures in the Financial Meltdown

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Title: The Role of Information Failures in the Financial Meltdown


1
The Role of Information Failures in the Financial
Meltdown
  • Yale M. BraunsteinSchool of InformationUC
    Berkeley, Summer 2009

2
Introduction
  • Disclaimer
  • Im not a macro-economics expert, but I do know
    something about the economics of risk and
    uncertainty, and something about markets, market
    failure, and appropriate regulatory response.
  • Overview
  • A major source of the meltdown in the financial
    markets was the result of information failures
    and any solutions that did not address the
    information needs would not be viewed as anything
    more than holding actions that would eventually
    fail.
  • Each of these attempted fixes only made the
    overall situation worse by highlighting what we
    still did not know about the underlying
    valuations of the assets and derivatives at the
    heart of the financial side of the problem.

3
Introduction
  • Basic points
  • Original view was this was primarily a
    "financial" crisis. Taking that view, the first
    proposed remedy was a bailout of major financial
    institutions with some government entity using
    taxpayer funds to buy securities of unknown value
    from supposedly sophisticated money managers.
  • Instead we needed to both understand the scope of
    the problem (not just financial assets) and the
    underlying causes. To start, the focus should
    have been
  • to resolve the information problems to help
    evaluate the suspect securities
  • to assist in the renegotiation of mortgages to
    help keep homeowners in their houses.

4
Outline
  • Introduction
  • Background on Banking
  • Background on Mortgages
  • Background on Derivatives
  • Background on Insurance
  • Background on Ratings Agencies
  • Bailout measures that did not work (and why)
  • Proposed measures that probably will not work
  • Summary/Conclusions
  • Other topics(?)
  • Stimulus
  • Auto industry
  • Education

5
Background on Banking (Banks, Near-banks, etc.)
  • Banks and other financial institutions used to
    hold assetssome cash, real estate, securities,
    and the loans they made to their customers.
  • Some still do, butfor the most partthey now are
    in the business of earning fees for originating
    loans, buying and selling obligations of one sort
    or another, etc.
  • On the other side of the ledger, the liabilities
    of the financial institutions are the sums they
    owe othersthe depositors in commercial banks and
    SLs, and frequently the deposits of other
    institutions as well as government agencies.
  • The basic principle of banking was to know the
    value of ones assets and liabilities, accurately
    disclosing this to regulators and the public.

6
Background on Banking -- Changes in the Industry
  • As the business of banking became more fee-based,
    the functions of loan origination, loan
    processing, and asset management became more
    separable.
  • Home buyers no longer dealt with a local bank
    that would be expected to hold and process their
    loan into the future. Banks provided consumer
    credit, via credit cards, homeowners lines of
    credit, and so on, but again often did not hold
    onto the asset.
  • So long as the packaging and re-packaging of
    these assets (loans) into financial instruments
    was done in a transparent fashion, the result was
    mostly positive.

7
Background on Banking Changes in the Industry
  • The major loss from this change was the lack of a
    personal relationship with ones banker, who
    was frequently a respected member of the local
    community.
  • There were gains in this system as loanable funds
    could more easily flow to growing regions and
    industries, and the entry of non-bank financial
    institutions into some parts of the market
    provided competition that reduced costs and
    eliminated pockets of discrimination.
  • Near banks and non-bank banks became common,
    and regulation was lax.

8
Background on Mortgages
  • An old-fashion fixed-rate mortgage was typically
  • 30-year loan on a single-family, owner-occupied,
    primary residence
  • For a fixed annual percentage rate
  • Held by the lender (traditionally a local bank or
    SL)
  • and therefore had reasonable fees (points)

9
Background on Mortgages
  • Remember that banking became more fee-based, so
    lender and loan processor were not always the
    same entity.
  • Specialized lenders emerged (e.g., Countrywide)
  • Two channels for loan origination
  • Lenders sales organizations
  • Mortgage brokers

10
Mortgages mortgage packages became more complex
  • Even simple variable rate mortgages (ARMs)
    require one to understand
  • Basis for the rate (the index)
  • The margin (mortgage rate index rate)
  • When it can be reset
  • Caps
  • Negative amortization possibilities
  • In 2004, then FRB Chair Greenspan argued that
    ARMs were under-utilized and the reliance on
    traditional fixed rate loans was costing home
    buyers money. While the second part was
    technically correct, it ignored the increased
    risk to both borrowers and society of an
    increased reliance on variable-rate products.
    (Speech to the Credit Union National Association,
    February 23, 2004) .

11
Mortgages mortgage packages became more complex
  • And then there were even more complex versions
  • GPARMs (Gip-ims)
  • Hybrid ARMs, interest-only ARMs, payment-option
    ARMs, etc.
  • Consider the result of a complex, no-doc mortgage
    on a home with an inflated appraisal. The
    outcome is that the underlying value of the
    property is unknown, the credit-worthiness of the
    borrower is unknown, and the precise terms of the
    loan and the stream of payments are also unknown.
    This is the exact opposite of how a reasonable
    credit market should operate.

12
Mortgages What is the extent of the problem?
  • Current mortgage delinquency rates (July 2009)
  • 6.8 of non-agency prime mortgages
  • 21 of Alt-A mortgages
  • 40 of sub-prime mortgages

Source Fitch Ratings, as reported in Brett
Arends, Should You Invest In Toxic Assets?,
WSJ, July 29, 2009
13
Pay-option ARMs at Countrywide (1)
  • Both Mozilo and Sambol were aware as early as
    June 2006 that a significant percentage of
    borrowers who were taking out stated income loans
    were engaged in mortgage fraud. On June 1, 2006,
    Mozilo advised Sambol in an email that he had
    become aware that the Pay-Option ARM portfolio
    was largely underwritten on a reduced
    documentation basis and that there was evidence
    that borrowers were lying about their income in
    the application process. On June 2, 2006, Sambol
    received an email reporting on the results of a
    quality control audit at Countrywide Bank that
    showed that 50 of the stated income loans
    audited by the bank showed a variance in income
    from the borrowers IRS filings of greater than
    10. Of those, 69 had an income variance of
    greater than 50. These material facts were never
    disclosed to investors.
  • SEC Complaint, SEC v. Mozilo, Sambol Sieracki,
    CV09-03994, filed June 4, 2009

14
Pay-option ARMs at Countrywide (2)
  • On June 1, 2006, one day after he gave a speech
    publicly praising Pay-Option ARMs, Mozilo sent an
    email to Sambol and other executives, in which he
    expressed concern that the majority of the
    Pay-Option ARM loans were originated based upon
    stated income, and that there was evidence of
    borrowers misrepresenting their income.
  • Mozilo met with Sambol the morning of September
    25, 2006 to discuss the Pay-Option ARM loan
    portfolio. The next day Mozilo sent an e-mail to
    Sambol and Sieracki expressing even greater
    concern about the portfolio. In that e-mail,
    Mozilo wrote we have no way, with any
    reasonable certainty, to assess the real risk of
    holding these loans on our balance sheet. ... The
    bottom line is that we are flying blind on how
    these loans will perform in a stressed
    environment of higher unemployment, reduced
    values and slowing home sales.
  • SEC Complaint, SEC v. Mozilo, Sambol Sieracki,
    CV09-03994, filed June 4, 2009

15
The Placid Mortgage case (from John Grishams The
Associate)
  • Starting in 2001, when a new wave of government
    regulators took over and adopted a less intrusive
    attitude, Placid and other huge home mortgage
    companies became aggressive in their pursuit of
    new loans. They advertised heavily, especially on
    the Internet, and convinced millions of lower-
    and middle-class Americans they could indeed
    afford to buy homes that they actually could not
    afford. The bait was the old adjustable-rate
    mortgages, and in the hands of crooks like Placid
    it was adjusted in ways never before imagined.
    Placid sucked them in, went light on the
    paperwork, collected nice fees up front, then
    sold the crap in the secondary markets. (pp.
    152-153)

16
Packaging Mortgages
  • Secondary markets Packages of loans had been
    sold to investors for years (e.g. via GNMA)
  • Computerization made it even easier to track
    these.
  • But it also made it easier for the packages to
    become more complex.

GNMA PL042341X DTD 07/01/1980 R/MD 12.50
06/15/2010 105.00 (5/26/09) N/A N/A 25,000
17
Background on Derivatives
  • Derivatives can be economically useful
  • Provide flexibility to buyers/sellers
    (lenders/borrowers)
  • Their value depends on the value of the
    underlying assets (claims)
  • But the asset values themselves can be uncertain
    (hence there is risk)
  • Derivatives can range from relatively simple to
    incredibly complex
  • Therefore, derivatives can be good or bad
    depending on the circumstances
  • Linkage to underlying assets STRIPS GNMA
    obligations are very direct (so much so that some
    do not consider them to be derivatives).
  • I probably should refrain from making simplistic
    value judgments, but I wont. But there are a
    number of unstated caveats and qualifications to
    much of what follows.
  • Im not the only one using this terminology bad
    assets, bad bank, etc.

18
A Good Derivative
  • First, a relatively simple example with little or
    no risk STRIPS
  • STRIPS is the acronym for Separate Trading of
    Registered Interest and Principal of Securities.
  • STRIPS let investors hold and trade the
    individual interest and principal components of
    eligible Treasury notes and bonds as separate
    securities.
  • STRIPS are popular with investors who want to
    receive a known payment on a specific future
    date.
  • STRIPS are called zero-coupon securities. The
    only time an investor receives a payment from
    STRIPS is at maturity.
  • STRIPS are not issued or sold directly to
    investors. STRIPS can be purchased and held only
    through financial institutions and government
    securities brokers and dealers.

Source http//www.treasurydirect.gov/instit/marke
tables/strips/strips.htm
19
More on STRIPS
  • In the old days a bond was a combination of
    return of principal and coupons (usually one
    every 6 months)
  • Now they are all electronic entries

20
More on STRIPS
  • A financial intermediary (bank, brokerage house,
    etc.) would combine various coupons from a number
    of bonds so that an investor could find the
    maturity and rate of return desired independent
    of what the borrower had originally offered.
  • It was a straight-forward operation to determine
    the value with a computer.
  • Also, there was no physical coupon as such,
    just the computer entry.
  • The intermediary charged a small fee to record
    and manage the transactions.

21
A Bad Derivative - 1
  • Tom Wolfes Giscard (from Bonfire of the
    Vanities, 1987)
  • The (fictional) Giscard Bond, issued by the
    French government, had coupons and maturity value
    linked to the French Franc value of a fixed
    weight of gold.
  • So as the price of gold when up and down, so did
    the value of the Giscard. (p. 65)
  • The only real problem was the complexity of the
    whole thing. (Ibid.)

22
Bad Derivative - 2
  • Simply put derivatives are the weapon of choice
    for gaming the system.Derivatives provide a
    means for obtaining a leveraged position without
    explicit financing or capital outlay and for
    taking risk off-balance sheet, where it is not as
    readily observed and monitored.Viewed in an
    uncharitable light derivatives and swaps can be
    thought of as vehicles for gambling they are,
    after all, side bets on the market.
  • --Richard Bookstaber, author of A Demon of Our
    Own Design, in congressional testimony.

23
Bad Derivative - 3
  • Even when derivatives do allow financial risks
    to be transferred, that is not always a good
    thing. John Kay, a leading Scottish economist,
    noted recently that he used to teach along with
    most other economics professors that
    derivatives allowed risks to be transferred to
    those better able to bear them. But, he added,
    experience had shown that to be wrong. Now, he
    said, he teaches that derivatives allow risk to
    be shifted from those who understand it a little
    to those who do not understand it at all.
  • --Floyd Norris, New York Times, June 25, 2009.

24
Uncertain Derivatives -- You decide whether
they are good or bad
  • Other examples of derivatives
  • Puts, calls, stock options
  • SDRs, ECUs (pre-Euro bundles of currencies)
  • Commodity futures

25
CMOs Combining Mortgagesand Derivatives
  • Collateralized mortgage obligations (CMOs) are
    bonds based on home mortgages with a twist that
    the bonds are categorized into different tranches
    to redistribute the risk of mortgage prepayment
    and mortgage default.
  • Tranche is French for slice, and is used in
    finance to refer to one portion of a group of
    related securities.
  • More generally, CDO (Debt)

26
CDOs Combining Mortgagesand Derivatives
  • Why some CDOs are probably worth ZERO
  • Higher yield tranches have higher risk (this
    should not be a big surprise to anyone)

27
CDOs A Special Purpose EntityInitial condition
Assuming 3 tranchesEquity tranche Medium-risk
tranche Low-risk tranche
Assets
Liabilities
Calculation area 8.0 mil -2.5 mil -2.4
mil 3.1mil
10 million _at_ 31
100 mortgages x 1 million each 100
million(say at 8 each)
40 million _at_ 6
50 million _at_ 5
28
The Special Purpose EntityA few years later
Assuming 3 tranchesEquity tranche Medium-risk
tranche(75 recovery) Low-risk tranche(full
recovery)
Assets
Liabilities
Calculation area 50 refinance or pay off
loans 50 foreclosed 60 of that recovered
10 million _at_ 31
20 million(lost)
40 million _at_ 6 gets 30 million
30 million (hopefully cash)
50 million _at_ 5
50 million(cash)
29
So The CDOs are assets on someones (bank,
financial institution) balance sheet and may be
truly worth zero (depending on which tranche they
represent)
Assets
Liabilities
Possibly held by the originating institution
(i.e., not sold to investors)
10 million _at_ 31
20 million
40 million _at_ 6 gets 30 million
30 million
50 million _at_ 5(full recovery)
50 million
30
Background on Insurance
  • To prevent insurance from being little more than
    gambling, one needs to have an insurable
    interest
  • The cost of insurance is
  • (The probability of the loss) x (the expected
    amount of the loss)
  • Plus a risk premium
  • Possibly plus any transactions costs

31
More on Insurable Interest
  • (From an economist who is a fan of murder
    mysteries)
  • To prevent (additional) incentives to murder, one
    can not buy a life insurance policy on a
    stranger. You can purchase insurance on a
    relative, a business partner, etc.
  • This has been the plot device in a number of
    mysteries (often in the form of a tontine).
  • R. L .Stevenson, The Wrong Box
  • A. Christie, 450 from Paddington Station
  • And, of course most famously, The Simpsons.
  • Similar rules for other types of insurance

32
More on Insurable Interest (actually a digression
on the importance of The Simpsons in modern
culture)
  • Grampa and Mr. Burns enter into a tontine during
    World War II, involving a treasure of antique
    paintings stolen from a German castle. When the
    two of them become the only surviving members,
    they compete for the rights to the prize.
    Eventually they both lose once the US State
    Department interferes and takes the paintings
    back to the German baron who is the rightful
    owner. (From Wikipedia entry for tontine.)

Season 7, episode 22 "Raging Abe Simpson and His
Grumbling Grandson in The Curse of the Flying
Hellfish. Originally aired April 28, 1996.
33
Insurancethe Good and the Bad
  • Again, the good and the bad, but this time
    with the uncertain
  • Good Life insurance, car insurance, maritime
    insurance, etc.
  • Bad Tontines, bucket shops, sports betting
    (?)
  • Uncertain Credit default swaps

34
Bucket shops
  • Formally, a bucket shop is a firm that books"
    (i.e., takes the opposite side of) retail
    customer orders without actually having them
    executed on an exchange.
  • From the Financial Times
  • The bank panic of 1907 is remembered for J.P.
    Morgan forcing all the bankers to stay in a room
    until they agreed to contribute to fixing the
    crisis. What has been forgotten is one major
    cause of the crisis unregulated speculation on
    the prices of securities by people who did not
    own them. These betting parlours, or fake
    exchanges, were called bucket shops because the
    bets were literally placed in buckets. The states
    responded in 1908 by passing anti-bucket shop and
    gambling laws, outlawing the activity that helped
    to ruin that economy. (March 30, 2009)
  • These laws were pre-empted by the Commodity
    Futures Modernization Act of 2000.

35
What is a Credit Default Swap?
  • A contract between two parties, in which one
    party makes periodic payments, while the other
    agrees to pay a sum of money if a certain event
    occurs. A CDS takes place in the world of
    financial markets, and the "event" that triggers
    the payoff is when a credit instrument, such as a
    bond or loan, goes into default.
  • Investors use CDSs primarily for two reasons
  • as an insurance vehicle to hedge an investment in
    a company
  • as a gambling mechanism to make a profit if the
    company fails.

36
Credit Default Swap valuation
  • CDS pricing The spread is an annual amount that
    the buyer must pay to the provider of the CDS
    over the length of the contract, expressed as a
    percentage of the notional amount. This is very
    much like the premium paid in insurance. In
    general, a company with a higher CDS spread is
    considered more likely to default by the market,
    and a higher fee would be charged to protect
    against this happening.
  • Other valuation issues the length of the
    contract, the amount of protection, health of
    the issuer (as well as of the covered entity).
  • Partial payments (to counter-parties) required
    as underlying conditions change.

37
Credit Default Swap markets
  • No organized exchange therefore, no clear
    understanding of amount outstanding.
  • Gretchen Morgenson estimated 30 billion
    outstanding in Jan. 2009.
  • Some estimate that as much as 90 were not used
    for hedges.
  • But there may have been offsets included in this
    estimate.

Source http//www.nytimes.com/2009/01/25/business
/25gret.html
38
Background on Ratings Agencies
  • Standard Poors, Moodys Fitch
  • If the ratings agencies had done a better job,
    we wouldnt be having this conversation. Larry
    White (NYU), on NPR Planet Money, June 5, 2009.

39
Bailout measures that did not work (and why)
  • Banks
  • Original plan to take bad assets off the
    booksno credible way to value them
  • Preferred stockviewed as just another obligation
  • Stress tests
  • Odd assumptions about revenue projections, etc.
    (WSJ, May 28, 2009)
  • As of June 5, 2009, it appears as though even the
    FDIC does not accept the results.

40
Bailout measures that did not work (and why)
  • More on the too big to fail logic
  • Size political power (even noticed by the WSJ)
  • Congress Helped Banks Defang Key Rule (June 3,
    2009) about mark-to-market and Banks Try to
    Stiff-Arm New Rule (June 4, 2009) off-balance
    sheet accounting
  • Secret Sanctions (WSJ, July 17, 2009)
  • Bank of America Corp. is operating under a
    secret regulatory sanction that requires it to
    overhaul its board and address perceived problems
    with risk and liquidity management, according to
    people familiar with the situation. Citigroup
    Inc. has been operating since last year under a
    similar order with the Office of the Comptroller
    of the Currency, according to people familiar
    with the matter. The company recently has been
    negotiating with the Federal Deposit Insurance
    Corp. about entering into a similar agreement
    with that agency, these people say. Spokesmen
    for Citigroup and the FDIC declined to comment.

41
Bailout measures that did not work (and why)
  • Mortgages
  • Refinance plans too small, poorly implemented
  • 17,000 loans modified through May 31, 2009 (NPR)
  • Some 9 of eligible borrowers have received
    trial modifications under the Obama
    administration's ambitious effort to help
    struggling homeowners, according to data released
    by the Treasury Department on Aug. 4,
    2009.Maya Jackson Randall Jessica Holzer,
    WSJ
  • Ignored differing incentives of originators,
    servicers, and holders of loans
  • Exacerbated by revision of mark-to-market rule
  • (technical digression needed here)

42
Bailout measures that did not work (and why)
  • Mortgages
  • Confounded by second mortgages and homeowner
    lines of credit (HLOC)
  • Second mortgages HLOC are profitable for
    lenders. But they are subordinate to first
    mortgages. If a lender and borrower want to
    re-negotiate a first, they may need the holder of
    the second (or HLOC) to also take a write-down in
    order for the borrower to afford the revised
    first.
  • Recognizing this, the book value of the second
    should be reduced, forcing the bank to incur
    additional losses.
  • Lesson Mark-to-market rules really do matter.

43
Credit Default Swap markets (1)
  • Proposed solutions
  • Buyers should take the hit.
  • If you live in a house and you dont buy
    reputable insurance and a fire burns it down,
    its your fault.
  • Unwind the contracts (inversion)
  • Insurance premiums would be refunded to buyers of
    credit protection from the entity that wrote the
    initial contract. And the seller would no longer
    be under any obligation to pay if a default
    occurred. The premium repayments would be made
    over the same period and at the same rate that
    they were paid out. If a contract was struck
    three years ago and charged quarterly premiums,
    the premiums would then be refunded quarterly
    over the next three years.
  • Counter argument from an insider Unwinding CDS
    would harm the integrity of financial market.
    Kind of like if I place a bet with a bookie that
    doesn't pay, the bookie can't pick and choose
    after the fact which games he wants to payout on
    and which he wants to cancel. Not without risking
    have customers fleeing.

44
Credit Default Swap markets (2)
  • Proposed solutions (continued)
  • Use bailout funds to pay counter-parties.
  • (Longer-term) Create exchange(s) or
    clearinghouse(s), regulator, reserve
    requirements.
  • Worry about the exemptions!

45
Credit Default Swap markets (3)
  • CDS what we actually did (difficult to
    document)
  • AIG loans at 18 p.a.
  • Possible rationales hide transfers to
    counter-parties, especially foreign banks
    institutions prop up insurance subsidiaries
  • Bear Stearns guaranteed contracts
  • J. P. Morgan ----------------

CW (early July 2009) Actually, these last two
seem to have worked reasonably well, at least
when compared to the AIG bailout. But were they
worth the cost?
CW (late July 2009) The dozens of insurance
companies that make up AIG show signs of
considerable weakness even after their corporate
parent got the biggest bailout in history, a
review of state regulatory filings shows. NY
Times, July 30, 2009
46
Proposed measures that probably will not work
(and why)
  • Use Treasury/Fed funds to assist private entities
    to buy troubled assets
  • (I guess) the theory is that if one only has to
    put up (say) 5-20 of the purchase price, the
    correct valuation isnt too much of an issue.
  • But this leads to its own set of strange
    incentives
  • Some banks are prodding the government to let
    them use public money to help buy troubled assets
    from the banks themselves. Banking trade groups
    are lobbying the Federal Deposit Insurance Corp.
    for permission to bid on the same assets that the
    banks would put up for sale as part of the
    government's Public Private Investment Program.
  • PPIP was hatched by the Obama administration as a
    way for banks to sell hard-to-value loans and
    securities to private investors, who would get
    financial aid as an enticement to help them
    unclog bank balance sheets. The program, expected
    to start this summer, will get as much as 100
    billion in taxpayer-funded capital. That could
    increase to more than 500 billion in purchasing
    power with participation from private investors
    and FDIC financing. (WSJ, May 27, 2009)

47
What is wrong with letting the banks be both
buyers and sellers of toxic assets?
  • Some critics see the proposal as an example of
    banks trying to profit through financial
    engineering at taxpayer expense, because the
    government would subsidize the asset purchases.
  • "To allow the government to finance an
    off-balance-sheet maneuver that claims to shift
    risk off the parent firm's books but really
    doesn't offload it is highly problematic," said
    Arthur Levitt, a former Securities and Exchange
    Commission chairman who is an adviser to
    private-equity firm Carlyle Group LLC.
  • "The notion of banks doing this is incongruent
    with the original purpose of the PPIP and wrought
    with major conflicts," said Thomas Priore,
    president of ICP Capital.
  • One risk is that certain hard-to-value assets
    mightn't be fairly priced if banks are
    essentially negotiating with themselves. Inflated
    prices could result in the government overpaying.
    Recipients of taxpayer-funded capital infusions
    under the Troubled Asset Relief Program also
    could use those funds to buy their own loans.
    (WSJ, May 27, 2009)

48
Proposed measures that probably will not work
(and why)
  • CDS or derivatives clearinghouse
  • Too many possible exemptions
  • Profits for the custom CDS are much higher than
    for the plain vanilla ones
  • There are a number of facilitators and
    intermediaries, all of whom make large fees
  • Intermediaries will be on the hook and someone
    has to insure and/or regulate them
  • ICE Trust (in NYC) wants this business
  • CDS contracts are inherently easy to manipulate
  • WSJ, June 11, 2009

49
Proposed measures that probably will not work
(and why)
  • Create database to help evaluate mortgages and
    ABS
  • To deal with the problem, issuers of
    asset-backed securities should provide extensive
    detail in a uniform format about the composition
    of the original pools and their subsequent
    structure and performance, whether they were sold
    as SEC-registered offerings or private
    placements. By creating a centralized database
    with this information, the pricing process for
    the toxic assets becomes possible. Making such a
    database a reality will restart private
    securitization markets and will do more for the
    recovery of the economy than yet another redesign
    of administrative agency structures.(Ken Scott
    John Taylor, WSJ, July 21, 2009)
  • Insufficient data are collected on individual
    loans, and often the data are of questionable
    accuracy or timeliness, so the analysis of
    mortgages and other types of loans which have
    been sliced and diced through multiple levels of
    securitization will be subject to substantial
    error. Accordingly, the valuation of such ABS
    will be highly suspect, even if the data reside
    in a centralized databaseRather than using
    securitization to shift individual loans toward
    their funding source, public policy should seek
    to encourage lenders to retain ownership of the
    loans they make.(Bert Ely, WSJ, July 27, 2009)

50
Proposed measures that probably will not work
(and why)
  • Current proposal to overhaul financial regulation
  • (See earlier slide on political power of
    financial institutions)
  • Suspicion of giving the FRB more power
  • Treasury Secretary Timothy Geithner blasted top
    U.S. financial regulators in an expletive-laced
    critique last Friday as frustration grows over
    the Obama administration's faltering plan to
    overhaul U.S. financial regulation, according to
    people familiar with the meeting.The proposed
    regulatory revamp is one of President Barack
    Obama's top domestic priorities. But since it was
    unveiled in June, the plan has been criticized by
    the financial-services industry, as well as by
    financial regulators wary of encroachment on
    their turf.Mr. Geithner, without singling out
    officials, raised concerns about regulators who
    questioned the wisdom of giving the Federal
    Reserve more power to oversee the financial
    system. Ms. Schapiro SEC and Ms. Bair FDIC,
    among others, have argued that more authority
    should be shared among a council of regulators.
    WSJ, Aug. 4, 2009
  • Need more specific guidance!

51
Summary or Conclusions
  • More disclosure needed
  • Off balance sheet entries
  • Nature of CDS and derivatives
  • Property and asset (re)valuations
  • Strong mark-to-market rules
  • Other options
  • Return to traditional banking (at least in part)
  • Improved regulatory system
  • Systemic regulator

52
Summary or Conclusions
  • Certainly confidence is crucial to the open and
    fair operating of markets. Bailouts did not
    build confidence. What confidence is created by
    is a clarity of the problem.
  • Interview with Gretchen Morgenson on NPRs Fresh
    Air, June 9, 2009

53
Questions Other topics(?)
  • Q A
  • Stimulus
  • Auto industry
  • Education

54
Additional sources
  • Our paper (http//people.ischool.berkeley.edu/b
    igyale/financial_crisis.html )
  • WSJ
  • New York Times (Gretchen Morgenson Floyd Norris
    even Ben Stein)
  • Khan Academy sections on Credit Crisis
  • Wikipedia (surprisingly good in several areas)
  • Planet Money (from NPR)

Thanks to Patrick Riley for graphics editing
support. Official disclaimer The opinions or
statements expressed herein should not be taken
as a position of or endorsement by the University
of California, Berkeley.
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