I mentioned yesterday Jamie Galbraith’s tremendous article about restoring the rule of law in the financial sector. He posits that the crisis continues and won’t end until the sector stops dragging down economic growth – and the only way to do that is through investigations and criminal prosecutions.
How will this help the economy? The first step toward health is realism. We must first stop pretending that bad assets can be made good, that bad loans will someday be repaid, and that bad people can run good banks. Debt crises are resolved when debts are written down and gotten rid of, when the institutions that peddled bad debts are restructured and reformed, and when the people who ran the great scams have been removed. Only then will private credit start to come back, but even then the result of bank reform is more prudent banks, by definition more conservative than what we’ve had.
He calls for some other things, like policy-oriented public finance operations (a new Home Owners Loan Corporation, a Gulf Coast Reconstruction authority, an infrastructure bank) to finance the nation’s restoration. But mainly, Galbraith believes you need to spoon out the rot at the core of Wall Street.
The FDIC may get that opportunity.
Federal bank regulators have agreed to give the Federal Deposit Insurance Corp. unlimited authority to investigate banks, clarifying the agency’s power after questions about it during the financial crisis.
The agreement between the FDIC, the Federal Reserve and the Treasury Department clearly spells out the FDIC’s authority to make special examinations of banks. It updates a 2002 agreement, which blocked the FDIC from examining banks that were deemed financially healthy by their primary regulators, among other restrictions.
In reality, this means that the FDIC can more easily determine solvency. But it could easily follow the chain up and probe the criminal activity still happening at the heart of Wall Street. “Unlimited authority” means unlimited authority. And the FDIC has been one of the rocks throughout this financial crisis, with a solid leader in Sheila Bair who actually has a measure of independence and an aggressive regulatory streak.
Bair can start by investigating Bank of America after their admission this week that they hid debt to make their financial situation look better.
Nobody pop the champagne corks yet. But we may actually get to the bottom of the fraud in the financial sector.





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The AP writer who crafted the phrase “unlimited authority” is a tad over-the-top. They don’t have unlimited authority to do whatever they want, but other banking regulators can’t keep the FDIC from doing their own investigations, even if the FDIC isn’t the primary federal regulator [PFR] for that bank.
As I noted yesterday:
It gave the FDIC direct access — something they did not have if they were not the PFR — not unlimited authority.
To me, the part of this deal that has me curious is to see what impact it will have on the banks who go “regulator shopping” to look for the weakest regulator. With this new agreement, the FDIC can dig into their books regardless of who the PFR is.
Given most of the rest of the news, we’ll (or at least I’ll) take whatever small steps of progress available
Only marginally, banks are still allowed to use mark to fantasy to value their assets, thus pumping up their balance sheets. So you will still see banks that look viable on paper going under and then having their assets resolved at something like 60 cents on the dollar (revealing how much more deeply underwater they were).
If Shelia Blair was doing her job, she would have been enforcing the powers of the FDIC that already exist. She hasn’t.
big deal … if i recall, other federal agencies were in positions to act. but chose not to. if you don’t have the inclination to act, all the tools in the toolbox won’t mean a fucking thing.
We might win something? Really?
Sounds like Sheila Bair’s the next designated scapegoat for the coming series of big-bank collapses. “We gave her unlimited authority…. but she did nothing to stop this.” There are powerful forces arrayed against her, just as there were against Brooksley Born, who won’t stop until she’s sidelined or defanged.
And if the Carly Failurina’s of the world get elected to the Senate, it ain’t gonna happen as she believes that the federal government is already over staffed.
http://www.calitics.com/diary/12123/fiorina-higher-unemployment-good-for-america
In the meantime, the champers stays in the fridge.