Topic: Ron Paul
IS THE U.S. BANKING SYSTEM SAFE?

Henry Paulson & Ben Bernanke are telling you that the banking system is sound. They are lying. These are the same men who never saw the crisis coming. You can be sure they are not sleeping well at night.
by Jim Quinn
(libertarian)
Friday, August 1, 2008

Treasury Secretary Henry Paulson delivered an upbeat assessment of the economy, saying growth was healthy and the housing market was nearing a turnaround. "All the signs I look at" show "the housing market is at or near the bottom," Paulson said in a speech to a business group in New York. The U.S. economy is "very healthy" and "robust," Paulson said.

                                                CBS Marketwatch 4/20/07

"At this juncture, the impact on the broader economy and financial markets of the problems in the subprime market seems likely to be contained."

                                  Ben Bernanke during Congressional Testimony 3/2007

"We will follow developments in the subprime market closely.  However, fundamental factors—including solid growth in incomes and relatively low mortgage rates—should ultimately support the demand for housing, and at this point, the troubles in the subprime sector seem unlikely to seriously spill over to the broader economy or the financial system."


                                                Ben Bernanke 6/5/07

"It is not the responsibility of the Federal Reserve—nor would it be appropriate—to protect lenders and investors from the consequences of their financial decisions. But developments in financial markets can have broad economic effects felt by many outside the markets, and the Federal Reserve must take those effects into account when determining policy."


                                                                Ben Bernanke 10/15/07

 "We’ve got strong financial institutions…Our markets are the envy of the world. They’re resilient, they’re…innovative, they’re flexible. I think we move very quickly to address situations in this country, and, as I said, our financial institutions are strong."  

                                              Henry Paulson 3/16/08

Deception – Keeping the Ponzi Scheme Going

After reading the above quotes, it should be clear to you that these gentlemen do not have a clue. Our economy and banking system is so complex and intertwined that no one knows where the next shoe will drop. Politicians and government bureaucrats are lying to the public when they say that everything is alright. They do not know. Therefore, it is in our best interest to cut through all the crap and examine the facts with a skeptical eye.  

Last week, bank stocks, which had been falling faster than President Bush’s approval rating, soared higher based on earnings reports that were horrific, but not catastrophic. Again, the talking heads, like Larry Kudlow, were calling a bottom in the financial crisis. The bank with the largest increase in share price was Wells Fargo. Their earnings exceeded analyst expectations and the stock went up 22% in one day. Wells Fargo has $84 billion of home equity loans, with half of those in California and Florida. Coincidently, Wells Fargo decided to extend its charge-off policy in the 2nd quarter from 120 days to 180 days, in an effort to give troubled borrowers more time to reach a loan workout. A skeptical person might think that they did not change this policy out of the goodness of their hearts. Maybe, just maybe, they changed this policy to reduce their write-offs for the 2nd quarter, to beat analyst expectations.

There are many stories of people who are still living in houses, twelve months after making their last mortgage payment. Their banks have not started foreclosure proceedings. Is this due to incompetence by the banks, or is this a way to avoid writing off the loss? The FASB has joined the cover-up gang by delaying the implementation of new rules that would have made banks stop hiding toxic waste off-balance sheet. The new rule would have made banks put these questionable assets on their balance sheet and would have required a bigger capital cushion. What a surprise that bank regulators, the Treasury and Federal Reserve urged a delay in implementation. Manipulate the facts because the average American doesn’t understand or care. Sounds like Enron accounting standards to me.

The Future FDIC Bailout

During the S&L crisis in the early 1990’s, 1,500 banks failed. So far, seven banks have failed in 2008, the largest being IndyMac. The FDIC has about $53 billion in funds to handle future bank failures. The IndyMac failure is expected to use $4 to $8 billion of those funds. Average Americans will lose $500 million in uninsured deposits in this failure. The FDIC says that they have 90 banks on their "watch list". They do not reveal the banks on the list, so little old ladies with their life savings in the local bank will be surprised when they go belly up. Based on the fact that IndyMac was not on their "watch list", I wouldn’t put too much faith in their analysis.

There are 8,500 banks in the U.S. Based on an independent analysis by Chris Whalen from Institutional Risk Analytics, they have identified 8% of all banks, or around 700 banks as troubled. This is quite a divergence from the FDIC estimate. Should you believe a governmental agency that wants the public to remain in the dark to avoid bank runs, or an independent analysis based upon balance sheet analysis? The implications of 700 institutions failing are huge. There is roughly $6.84 trillion in bank deposits. It is almost beyond belief that $2.6 trillion of these deposits are uninsured. There is only $274 billion of the $6.84 trillion as cash on hand at banks. This means that $6.5 trillion has been loaned to consumers, businesses, developers, etc. The FDIC has $53 billion to cover $6.84 trillion of deposits. Does that give you a warm feeling?

Bank write-offs peaked above 2% during the early 1990's and early 2000's. In the 4th quarter of 2007 they were .69%.  I would estimate that we are only in the early innings of bank write-offs. The write-offs will at least equal the previous peaks reached in the early 1990’s. If a large bank such as Washington Mutual or Wachovia were to fail, it would wipe out the FDIC fund. If the FDIC fund is depleted, guess who will pay? Right again, another taxpayer bailout. What’s another $100 or $200 billion among friends.

What is a Level 3 Asset?

Other banks have been moving assets to Level 2 and Level 3 in order to put off the inevitable losses. The definition of these levels according to FAS 157 are as follows: 

  Level 1              

 Assets that have observable market prices. 

 Level 2 

Assets that don’t have an observable prices, but they have inputs that are based upon them.

Level 3 

Assets where one or more of the inputs don’t have observable prices. Reliant on management estimates. Also known as mark to model.

This is Warren Buffet’s view on the financial institution practice of valuing subprime assets on the basis of a computer model rather than the free market price. "In one way, I'm sympathetic to the institutional reluctance to face the music. I'd give a lot to mark my weight to 'model' rather than to market."

So, the managements of the banks that loaned money to people who could never pay them back are now responsible for estimating what these assets are worth. According to Bill Fleckenstein, "Recently, the portfolio of Cheyne Finance, one of the more infamous structured-investment vehicles, or SIVs, was sold at 44 cents on the dollar. I suspect that similar assets are not marked anywhere near that valuation on financial institutions' balance sheets. So, the game of "everything's contained" continues, albeit in a different form."

Financial InstitutionLevel 3 Assets as a % of Capital
Bear Stearns314%
Morgan Stanley235%
Merrill Lynch225%
Goldman Sachs192%
Lehman171%
Fannie Mae161%
Citigroup125%
Prudential119%
Hartford109%

Source: Company records

Merrill Lynch – Poster Child for Lack of Bank Credibility

John Thain is the Chairman and CEO of Merrill Lynch. He makes in excess of $50 million per year in compensation. He previously held positions as President, COO and CFO at Goldman Sachs. He is a good buddy of Hank Paulson. Here are a few recent quotes from Mr. Thain:

 "...These transactions make certain that Merrill is well-capitalized." (January 15, 2008 -- Thain in a statement after selling $6.6 billion of preferred shares to a group that included Japanese and Kuwaiti investors)

"...Today I can say that we will not need additional funds. These problems are behind us. We will not return to the market." (March 8, 2008 -- Thain in an interview with France's Le Figaro newspaper)

"We deliberately raised more capital than we lost last year ... we believe that will allow us to not have to go back to the equity market in the foreseeable future." (April 8, 2008 -- Thain to reporters in Tokyo, as reported by Reuters)

"Right now we believe that we are in a very comfortable spot in terms of our capital." (July 17, 2008 -- Thain on a conference call after posting Merrill's second-quarter results)

Merrill Lynch reported a loss of $4.7 billion for the 2nd quarter on July 17. On July 28, eleven days after this earnings report they announce a $5.7 billion write-down and the issuance of $8.5 billion of stock. Thain, the $50 million man, is either lying or completely clueless regarding the company he runs. The SEC needs to investigate him, rather than short-sellers. Their books are a fraud and anything their CEO says cannot be trusted.

Below is Barry Ritholtz’ assessment of the Merrill Lynch deal: 

• Merrill appears to be moving $30.6 billion dollars of bad paper off of their books.


• This paper was carried at a value of $11.1, meaning there was almost $20B in prior   related write downs.

 • After this transaction, Merrill’s ABS CDO exposure in theory drops from $19.9 billion to $8.8 billion (hence, the $11.1B number).

 • The $6.7B purchase price relative to the $30.6B notational value is 21.8% on the dollar. 

• Merrill is providing 75% of the financing –- and MER’s only recourse in the event of default is to retake the CDO paper back from the buyer.

• While Merrill hopes to be made whole, the reality is they still have potential exposure to these ABS CDOs via the financing;

 • Actual sale price = 5.47% on the dollar 

"Less than five and half cents on the dollar? That's an even cheaper sale than originally advertised. What this transaction actually accomplishes is getting the paper -- but not the full liability -- off of Merrill's books. How very Enron-like !"

Merrill Lynch has a market cap of $24 billion and has raised $30 billion since December just to keep making their payroll. How long will investors be duped into supporting this disaster? You can be sure that the other suspects (Citicorp, Lehman Brothers, Washington Mutual) will be announcing more write-downs and capital dilution in the coming weeks.

Is Housing Near the Bottom?

The one person who has been consistently right regarding the housing market is Yale Professor Robert Shiller. (He also called the top in the stock market in 2000). His keen analysis shows that home prices are so far out of line with historical averages that there is no doubt that further decreases are in store. Prices have risen 83% since 1997, on average. A 50% retracement of these gains would still put the average price well above the historical norm.

Home prices have historically tracked inflation and are likely to revert to the mean. The latest data from Case-Shiller does not paint a pretty picture. Sale prices of existing single family homes declined by 15.8% in the past year, with markets in California declining by 22% to 28%. Over 10% of the U.S. population lives in California. Bank of America, Wells Fargo, Washington Mutual, and Wachovia have a large exposure to California.

Many pundits have been downplaying the resetting of adjustable rate mortgages, saying that the worst is over. I don’t think so. There are $440 billion of adjustable mortgages resetting this year. That means that the majority of foreclosures will not occur until 2009. This means that the banks will still be writing off billions of mortgage debt in 2009. The reversion to the mean for housing prices and the continued avalanche of foreclosures is not a recipe for a banking recovery. Home prices have another 15% to go on the downside.

Fannie & Freddie Fiasco

President Bush signed the Housing Recovery bill this week. We are now on the hook for all of their bad decisions. We believe in capitalism when there are obscene profits, but we prefer socialism when it comes to losses. The CBO estimates that we will pay $25 billion for their mistakes, with a 5% chance that it reaches $100 billion. The only problem is that they have been given an open ended guarantee. According to former Fed governor William Poole, Fannie Mae is technically insolvent. Their shareholder equity was $35.8 billion at the end of 2007. It plunged by $23.6 billion to $12.2 billion as of March 31, 2008. Does anyone think that as of June 30, they have any equity left? We’ll know shortly.

Fannie Mae has guaranteed $2.4 trillion of mortgages. According to the Mortgage Bankers Association, as of June, 2.5% of U.S. mortgages were in foreclosure and 6.4% of mortgages are delinquent. Fannie and Freddie are on the hook for $5.2 trillion in mortgages. It doesn’t take a rocket scientist to figure out that about 4% of the $5.2 trillion of guaranteed mortgages will default. This would be $208 billion in defaults. If they are able to recover 50% (current recovery rate) from foreclosure sales, their losses would be $108 billion. Oh yeah, that would be our losses. This is assuming things don’t get worse.

Next Shoes to Drop – How High Will the Losses Go

Banks and security firms have reported $468 billion of losses thus far. Bridgewater Associates, a well respected analytical firm, thinks things will get much worse.

According to Bridgewater, the models used have grossly underestimated the actual losses. They doubt the financial institutions will be able to generate enough capital to cover the losses. According to the report, "Lenders would have to curtail loans by roughly 10-to-one to preserve their capital ratios. This would imply a further contraction of credit by up to $12 trillion worldwide unless banks could raise fresh capital."

Not all of these losses are in the sub-prime market. According to the report, more than 90% of the losses from sub-prime loans have already been written off. Unfortunately, the losses from the prime and Alt-A loans could be much larger than we have already seen. The sizes of these loan portfolios are much larger than the sub-prime portfolios. Further, Bridgewater expects about $500 billion in corporate losses that must be written off. This leads to the current estimate of more than $1 trillion in losses yet to be written off.  

Bill Gross, the well respected manager of the world’s largest bond fund, expects financial firms to write down $1 trillion. "About 25 million U.S. homes are at risk of negative equity, which could lead to more foreclosures and a further drop in prices. The problem with writing off $1 trillion from the finance industry's cumulative balance sheet is that if not matched by capital raising, it necessitates a sale of assets, a reduction in lending or both that in turn begins to affect economic growth.'' Nouriel Roubini, economist at NYU, believes that losses could reach $2 trillion.

The other shoes have begun to drop. Last week Amex reported a 40% decline in earnings as their wealthy super-prime customers are not paying their bills. So, even the well off are struggling. This week, CB Richard Ellis, the largest commercial real estate broker in the country reported an 88% decline in earnings. So, commercial real estate is imploding. Bennigans’s and Mervyn’s filed for bankruptcy this week. The consumer is being forced to cut back on eating out and shopping. The marginal players will fall by the wayside. Big box retailers, restaurants, mall developers, and commercial developers are about to find out that their massive expansion was built upon false assumptions, a foundation of sand, and driven by excessive debt.

The U.S. banking system is essentially insolvent. The Treasury, Federal Reserve, FASB, and Congress are colluding to keep the American public in the dark for as long as possible. They are trying to buy time and prop up these banks so they can convince enough fools to give them more capital. They will continue to write off debt for many quarters to come. We are in danger of duplicating the mistakes of Japan in the 1990’s by allowing them to pretend to be sound. We could have a zombie banking system for a decade. I can assure you that Ben Bernanke and Henry Paulson are not sleeping well at night.

My advice is:

(1)   Absolutely do not have more than $100,000 on deposit with any single institution.

(2)   Do not buy financial stocks. There are years of write-offs to go.

(3)   When you see a bank CEO or a top government official tell you that everything is alright, run for the hills. They are lying. They didn’t see this coming and they have no idea how it will end.

(4)   Educate yourself by reading the writings of Ron Paul, John Mauldin, Barry Ritholtz, Mike Shedlock, Bill Bonner, Paul Kasriel, Nouriel Roubini, John Hussman, Bill Fleckenstein and Jeremy Grantham. They will tell you the truth. Truth is in short supply today.  

If you care about the future of America join me at [link edited for length]

©2008 Jim Quinn, all rights reserved. You must have written permission from the author in order to republish this work.
Published: Friday, August 1, 2008
Last modified: Saturday, February 21, 2009

The views expressed in this article are those of Jim Quinn only and do not represent the views of Nolan Chart, LLC or its affiliates. Jim Quinn is solely responsible for the contents of this article and is not an employee or otherwise affiliated with Nolan Chart, LLC in his/her role as a columnist.

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Reader Comments:

Posted By: David S
Date: 2008-08-01 16:44:09

I share your concerns but I don't know how bad things are likely to get. Could be bad. Could be really bad.

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Posted By: Jake, the champion of the constitution
Date: 2008-08-02 03:20:55

Jim -

great article.  i would add on your point #1 to definitely get your money out of the more faltering banks like WaMu or Wells Fargo.  and just because the FDIC insures it doesnt mean its safe (you are right, the taxpayer will be sacked after the FDIC runs out of the 40-odd billion it has left) The FDIC could take months to pay back  

I think generally speaking federal credit unions will be safer to keep money in than the large banks like Citi, BoA, etc. since they typically only lend to credit union members, ie restrict the borrower pool, but you can always ask to see the credit unions financial statements, which should help.  Do you agree?

Keeping enough money needed for a few months expenses hidden at your residence is probably not a bad idea either at this point.

What is the damn purpose of these fractional reserve banks anyways?  They should just be as Rothbard wrote, money warehouses.  Fractional reserve banking is sooo 1800s. There are plenty of other options.  I just started a series called the Money Matrix, would much appreciate any comments you have on it as it developes as I do not hold any financial certification

In liberty! Jake 

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Posted By: Barbara Ann Jackson
Date: 2008-08-10 01:03:24

A significant aspect of the mortgage crisis which Congress needs to investigate and the public needs to be WARNED about is falsified IRS tax form 1099-A’s or 1099-C’s which could cause even worse problems associated with foreclosures.  To illustrate, here is a portion of my statement that was faxed to the Louisiana Secretary of State, Financial Institution Department concerning Wells Fargo’s false 1099-A, as well as a link to entire actual statement; posted at: http://www.lawgrace.org/2008/08/08/my-august-8-2008-statement-to-the-louisiana-secretary-of-state-office-of-financial-institutions-concerning-wells-fargo-irs-and-mortgage-frauds-sham-foreclosures-and-judicial-collusion-and-national-app/
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This Financial Office mistakenly thought a complaint was filed concerning my property; and on July 30, 2008, Ms. Kathy Drzewiecki sent a responsive letter on Wells Fargo's behalf. . . .As your records show, GE Capital Mortgage Services, Inc., became defunct in year 2002 when it merged into GE Mortgage Services, LLC, its "successor."  Therefore, it is impossible for foreclosure auction to have LAWFULLY been carried out in year 2005 on behalf of the non-existent GE Capital Mortgage Services, Inc.  Also, contrary to what Ms. Drzwiecki wrote, it is NOT POSSIBLE in year 2005 for Wells Fargo to continue being the "mortgage servicer" for non-existent GE Capital Mortgage Services.  Furthermore, if my property was (impossibly) ACQUIRED by GE Capital on May 19, 2005, there is NO LAWFUL REASON for the IRS form 1099-A to exhibit Wells Fargo's name!
                
Another thing Ms. Drzewiecki's letter failed to state is that I initially acquired my residence property in 1993 through AmSouth Bank. For home improvement in 1999, I refinanced it with GE Capital. I had equity in the property, and I never had a subprime loan. (Marriage failure caused me financial ruin; and crooked deals in Family Court sealed my fate.)

On the other hand, facts overwhelmingly demonstrate that, using defunct GE Capital's identity, debt collector attorney Herschel C. Adcock, Jr., fraudulently seized and acquired more than $80,000 when he flipped my property.  Also, contrary to the form 1099-A, the Fair Market Value  was not $12,000 -as manifest from the year 2005 sale price for which that property was sold in that same tax year purportedly to a third party.
            
Because innumerable people whose property was (wrongfully) taken by people like Mr. Adcock are yet exiled due to Hurricane Katrina, it appears that the foreclosure epidemic in the nation is not a problem is Louisiana. However, what is an even worse problem is that a lot of displaced foreclosed former property owners will one day discover there is a 1099-A or a 1099-C for which the IRS wants answers! If that 1099 is replete with false information, there could be severe tax
effects and a lot of needless untangling to be burdened with.

Across the country, foreclosures have been halted because "real party interest" was absent from those foreclosure proceedings. Yet, in Louisiana, it would not be farfetched for foreclosures to become filed in the name of 'Mary had a little lamb', and judges allow peoples' homes to become seized.

from Barbara Ann Jackson (www.lawgrace.org)

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