How Goldman Secretly Bet on the U.S. Housing Crash

Adjustable Rate Mortgages, Baba Booey, Bear Stearns, Citibank, Henry Paulson, TARP, Tim Geithner, Treasury, Wall Street, Washington Mutual

McClatchy Washington Bureau

tongue

Sun, Nov. 01, 2009

Greg Gordon | McClatchy Newspapers

Add to FacebookAdd to DiggAdd to Del.icio.usAdd to StumbleuponAdd to RedditAdd to BlinklistAdd to TwitterAdd to TechnoratiAdd to FurlAdd to Newsvine

November 01, 2009 01:17:44 AM

WASHINGTON — In 2006 and 2007, Goldman Sachs Group peddled more than $40 billion in securities backed by at least 200,000 risky home mortgages, but never told the buyers it was secretly betting that a sharp drop in U.S. housing prices would send the value of those securities plummeting.

Goldman’s sales and its clandestine wagers, completed at the brink of the housing market meltdown, enabled the nation’s premier investment bank to pass most of its potential losses to others before a flood of mortgage defaults staggered the U.S. and global economies.

Only later did investors discover that what Goldman had promoted as triple-A rated investments were closer to junk.

Now, pension funds, insurance companies, labor unions and foreign financial institutions that bought those dicey mortgage securities are facing large losses, and a five-month McClatchy investigation has found that Goldman’s failure to disclose that it made secret, exotic bets on an imminent housing crash may have violated securities laws.

“The Securities and Exchange Commission should be very interested in any financial company that secretly decides a financial product is a loser and then goes out and actively markets that product or very similar products to unsuspecting customers without disclosing its true opinion,” said Laurence Kotlikoff, a Boston University economics professor who’s proposed a massive overhaul of the nation’s banks. “This is fraud and should be prosecuted.”

John Coffee, a Columbia University law professor who served on an advisory committee to the New York Stock Exchange, said that investment banks have wide latitude to manage their assets, and so the legality of Goldman’s maneuvers depends on what its executives knew at the time.

“It would look much more damaging,” Coffee said, “if it appeared that the firm was dumping these investments because it saw them as toxic waste and virtually worthless.”

Big Banks Get Big Time Changes

AIG, Banking, Barack Obama, Bear Stearns, Citibank, Federal Reserve, Goldman Sachs, Larry Summers, Merrill Lynch, Tim Geithner, Treasury, Wall Street, Washington Mutual

Jun 17, 7:13 PM (ET)

hp3By JIM KUHNHENN and MARTIN CRUTSINGER

ASSOCIATED PRESS

WASHINGTON (AP) – From simple home loans to Wall Street’s most exotic schemes, the government would impose and enforce sweeping new “rules of the road” for the nation’s battered financial system under an overhaul proposed Wednesday by President Barack Obama.

Aimed at preventing a repeat of the worst economic crisis in seven decades, the changes would begin to reverse a determined campaign pressed in the 1980s by President Ronald Reagan to cut back on federal regulations.

Obama’s plan would do little to streamline the alphabet soup of agencies that oversee the financial sector. But it calls for fundamental shifts in authority that would eliminate one regulatory agency, create another and both enhance and undercut the authority of the powerful Federal Reserve.

The new agency, a consumer protection office, would specifically take over oversight of mortgages, requiring that lenders give customers the option of “plain vanilla” plans with straightforward and affordable terms. Lenders who repackage loans and sell them to investors as securities would be required to retain 5 percent of the credit risk – a figure some analysts believe is too low.

In all, the Obama’s broad proposal cheered consumer advocates and dismayed the banking industry with its proposed creation of a regulator to protect consumers in all their banking transactions, from mortgages to credit cards. Large insurers protested the administration’s decision not to impose a standard, federal regulation on the insurance industry, leaving it to the separate states as at present. Mutual funds succeeded in staying under the jurisdiction of the Securities and Exchange Commission instead of the new consumer protection agency.

Obama cast his proposals as an attempt to find a middle ground between the benefits and excesses of capitalism.

“We are called upon to put in place those reforms that allow our best qualities to flourish – while keeping those worst traits in check,” Obama said.

The president’s plan lands in the lap of a Congress already preoccupied by historic health care legislation, consideration of a new Supreme Court justice and other major issues. Still, Obama has set an ambitious schedule, pushing lawmakers to adopt a new regulatory regime by year’s end.

“We’ll have it done this year,” pledged Sen. Chris Dodd, D-Conn., chairman of the Senate Banking Committee.

“Absolutely,” agreed Rep. Barney Frank, D-Mass., chairman of the House Financial Services Committee.

But fissures quickly developed.

Dodd, who had been at Obama’s side in the East Room of the White House for the announcement, raised questions about one of the plan’s key features – giving the Federal Reserve authority to oversee the largest and most interconnected players in the financial world.

“There’s not a lot of confidence in the Fed at this point,” Dodd said.

Obama’s proposal would require the Federal Reserve, which now can independently use emergency powers to bail out failing banks, to first obtain Treasury Department approval before extending credit to institutions in “unusual and exigent circumstances,” a change designed to mollify critics who say the Fed should be more accountable in exercising its powers as a lender of last resort.

But the proposal also would do away with a restriction imposed on the Fed in 1999 when Congress lifted Depression-era restrictions that allowed banks to get into securities and insurance businesses. The Fed, as the regulator for the larger financial holding companies, had been prohibited from examining or imposing restrictions on those firms’ subsidiaries. Obama’s proposal specifically lifts that restriction, giving the Fed the ability to duplicate and even overrule other regulators. At the same time, the new consumer agency would take away some of the Fed’s authority.

Fed defenders argue that none of the major institutional collapses – AIG, Bear Stearns, Lehman Bros., Merrill Lynch or Countrywide – were supervised by the Federal Reserve. Critics argue the Fed failed to crack down on dubious mortgage practices that were at the heart of the crisis.

Administration officials concede their plan responds to the current crisis- in national security terms, it prepares them to fight the last war. But they also insist that a central tenet of their plan is a requirement that from now on financial institutions will have to keep more money in reserve – the best hedge against another meltdown.

That may appear to be a no-brainer: If banks and other large institutions have more money, they won’t be vulnerable if their risky bets go bad.

However, banking regulators have been arguing for years over implementation of an international standard for bank capital. Geithner said Wednesday hoped to move on enhanced capital standards “in parallel with the rest of the world.”

Obama’s overall plan, laid out in an 88-page white paper, was the result of extensive consultations with members of Congress, regulators and industry groups and represented a compromise from bolder ideas the administration ended up abandoning because of heavy opposition.

The plan had its share of winners and losers, both inside and outside government.

Sheila Bair, the chair of the Federal Deposit Insurance Corp., lost her campaign to have a regulatory council, not the Fed, regulate large firms whose failure could undermine the entire system. SEC Chairman Mary Schapiro also had expressed support for Bair’s push for a more powerful risk council.

The regulatory overhaul ended up eliminating only one agency, the Office of Thrift Supervision, generally considered a weak link among current banking regulators. The OTS oversaw the American International Group, whose business insuring exotic securities blew up last fall, prompting a $182 billion federal bailout.

The failure to merge all four current banking agencies into one super regulator could open the door for big banks to continue to exploit weak links in the current system. Sen. Charles Schumer of New York, a leading Democratic voice on Wall Street issues, praised the administration’s plan but said he would consider further consolidation.

“We’re removing one major agency-shopping opportunity, but there’s a real potential for others,” said Patricia McCoy, a law professor at the University of Connecticut who has studied bank failures.

Associated Press writers Marcy Gordon, Anne Flaherty, Jeannine Aversa and Stevenson Jacobs contributed to this report.

JP Morgan Buys Washington Mutual

AIG, Barney Frank, Bernake, FDIC, Financial Crisis, J.P. Morgan, Lehman, Merrill, Paulson, Seattle, Wall Street, WAMU, Washington Mutual

WASHINGTON -(Dow Jones)– JPMorgan Chase & Co. (JPM) acquired Washington Mutual Inc. (WM) via a bidding process, after the thrift became the biggest bank failure in U.S. history, regulators announced late Thursday.

“With insufficient liquidity to meet its obligations, WaMu was in an unsafe and unsound condition to transact business,” the Office of Thrift Supervision said in a release.

The Federal Deposit Insurance Corp. took over as receiver of the thrift and held a bidding process that resulted in the takeover by JPMorgan, it said.

JPMorgan said in separate releases that it would pay the FDIC about $1.9 billion for all deposits, assets and certain liabilities of Washington Mutual’s banking operations. It also plans to sell $8 billion in common stock.

That payment means the FDIC’s national deposit-insurance fund won’t take a hit from WaMu’s demise, said FDIC Chairman Sheila Bair in a conference call with reporters.

“There will be no cost to the deposit insurance fund,” she said.

The acquisition of the $307 billion thrift marks the latest upheaval in the U.S. financial crisis that has claimed some of the biggest firms Wall Street this month, including government bailouts of insurer American International Group Inc. (AIG) and mortgage giants Fannie Mae (FNM) and Freddie Mac (FRE).

The Seattle-based company, which has been wracked by heavy losses in the mortgage crisis, suffered outflows of deposits totaling $16.7 billion since Sept. 15, the OTS said. WaMu, the largest savings association overseen by the agency, had more than $188.3 billion in deposits as of June 30, with 2,200 branch offices in 15 states.

“The housing market downturn had a significant impact on the performance of WaMu’s mortgage portfolio and led to three straight quarters of losses totaling $6.1 billion,” OTS Director John Reich said in the release, saying that conditions had deteriorated in the last three months.

The ownership change won’t impact the bank’s depositors or other customers, the OTS said, with branches scheduled to open Friday as usual.

However, while senior debt holders will have first claim to any asset recovery, shareholders could be wiped out.

-By Tom Barkley, Dow Jones Newswires; 202-862-9275; tom.barkley@dowjones.com