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	<title>EconomyBeat.org &#187; TARP</title>
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	<itunes:summary>Podcast highlighting public radio coverage of the economy, the recession, employment, the mortgage crisis and health care issues.</itunes:summary>
	<itunes:author>Roman Mars</itunes:author>
	<itunes:explicit>no</itunes:explicit>
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	<itunes:subtitle>Public radio coverage of the economy.</itunes:subtitle>
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		<title>EconomyBeat.org &#187; TARP</title>
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		<title>Harping on TARP carping</title>
		<link>http://economybeat.org/business/harping-on-tarp-carping/?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=harping-on-tarp-carping</link>
		<comments>http://economybeat.org/business/harping-on-tarp-carping/#comments</comments>
		<pubDate>Tue, 02 Feb 2010 19:03:29 +0000</pubDate>
		<dc:creator>Jon Brooks</dc:creator>
				<category><![CDATA[business]]></category>
		<category><![CDATA[financial markets]]></category>
		<category><![CDATA[government]]></category>
		<category><![CDATA[housing and real estate]]></category>
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		<category><![CDATA[TARP]]></category>

		<guid isPermaLink="false">http://www.economybeat.org/?p=5714</guid>
		<description><![CDATA[&#8220;&#8230;it is not at all clear&#8230;that a Special Inspector General should be weighing in on government policy decisions, much less predicting the housing market or economy&#8217;s future.&#8221; Yesterday we ran a post about the Special Inspector General for TARP&#8217;s Quarterly Report to Congress. The report was highly critical of the bailout&#8217;s inability to increase bank [...]]]></description>
			<content:encoded><![CDATA[<p />
<div><em>&#8220;&#8230;it is not at all clear&#8230;that a Special Inspector General should be weighing in on government policy decisions, much less predicting the housing market or economy&#8217;s future.&#8221;</em></div>
<p><div id="attachment_5721" class="wp-caption alignright" style="width: 89px"><img src="http://economybeat.org/files/2010/02/barofsky.jpg" alt="Neil Barofsky, SIGTARP" width="79" height="119" class="size-full wp-image-5721" /><p class="wp-caption-text">Neil Barofsky, SIGTARP</p></div>Yesterday we ran a <a href="http://www.economybeat.org/business/harping-on-tarp/">post</a> about the <a href="http://www.sigtarp.gov/reports/congress/2010/January2010_Quarterly_Report_to_Congress.pdf">Special Inspector General for TARP&#8217;s Quarterly Report to Congress</a>. The report  was highly critical of the bailout&#8217;s inability to increase bank lending, the systemic risk that is greater or as great as it was before the financial crisis, and the potential re-inflation of a housing bubble. All in all, a lot of ammunition for those who think the bailout a <a href="http://www.americanthinker.com/blog/2010/02/ig_barofsky_tarp_not_working.html">mistake</a> at best, part of an <a href="http://researchris.blogspot.com/2010/01/barofskys-winding-road-and-fast-car-to.html">insidious conspiracy</a> at worst.</p>
<p>But this <a href="http://www.theconglomerate.org/2010/02/what-is-should-be-the-boundary-of-the-sig-tarps-authority.html"><strong>post from The Conglomerate</strong></a>, a blog written by a group of law professors, argues that the Inspector General, Neil Barofsky, may have acted outside his purview with such broad judgments. </p>
<blockquote><p>
Last week, Neil Barofsky, the Special Inspector General of the TARP, released his latest report on the implementation of the TARP program.  Most news agencies responded to sound-bite sentences in the report that TARP &#8220;had not worked&#8221; and that there still was too much risk in the system and that we may be creating a second housing bubble. The report also contained criticisms of the New York Fed&#8217;s handling of AIG (they should have been stronger negotiators, among other things), and of executive compensation in general. </p>
<p><span id="more-5714"></span>&#8230;it was a really big report (224 pages), which immediately triggered the question: What is the boundary of the SIG&#8217;s authority? Ordinarily, we might expect an Inspector General to conduct audits and investigations around the implementation of agency programs, and to investigate specific allegations of wrongdoing within a particular agency. Does the critique of policy exceed such boundaries? </p>
<p>With regard to the TARP programs, it&#8217;s easy enough to envision what we would expect an SIG to do: We want to know how much money is being spent, where it&#8217;s going (and whether the beneficiaries are the ones intended by Congress), and whether proper procedures are being used to document where and how the money is being used. We also want to identify those individuals who are abusing TARP programs and/or violating the law so that we can punish and deter future abuses and violations. </p>
<p>But it is not at all clear to me that a Special Inspector General should be weighing in on government policy decisions,much less predicting the housing market or economy&#8217;s future. For one thing, the skill-set is wrong. Neil Barofsky was not picked for his expertise and knowledge of financial matters. To the contrary, he was chosen to be the SIG because he was a former prosecutor (full disclosure: we overlapped during our terms at the United States Attorneys Office, but did not know each other well). Prosecutors should be very good at overseeing audits, reviewing internal processes, and investigating fraud. Prosecutors have no reason to be very good at working out the nuances of financial regulation. </p>
<p>Moreover, one has to be worried that we are creating another Eliot Spitzer/Andrew Cuomo-esque culture of prosecutorial celebrity here. Neil is already doing the rounds of business news shows, and New York Magazine has published a couple of short puff pieces admiring the fact that he was such a &#8220;bad-ass&#8221; (their word, not mine) with criminal defendants (the intended analogy to bankers and Treasury folks is obvious). The upshot, of course, is that the more SIG beats up the government and bankers &#8212; and does so with easy to digest soundbites &#8212; the more good press he&#8217;ll get. Complex analysis and nuanced response, meanwhile, get lost in the shuffle. Moreover, so does the incentive for banks and government agencies to cooperate with each other.</p>
<p>Although I doubt Congress is unhappy about it (Tim Geithner and the banks seem to be everyone&#8217;s favorite punching bags these days), the legislation that created the SIG does not seem to support the SIG&#8217;s foray into policy. Rather, it simply says that the SIG should: &#8220;conduct, supervise and coordinate audits and investigations of the actions undertaken by the Secretary under this Act&#8221; and submit quarterly reports to Congress.
</p></blockquote>
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		<title>Harping on TARP</title>
		<link>http://economybeat.org/business/harping-on-tarp/?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=harping-on-tarp</link>
		<comments>http://economybeat.org/business/harping-on-tarp/#comments</comments>
		<pubDate>Mon, 01 Feb 2010 17:36:23 +0000</pubDate>
		<dc:creator>Jon Brooks</dc:creator>
				<category><![CDATA[business]]></category>
		<category><![CDATA[financial markets]]></category>
		<category><![CDATA[government]]></category>
		<category><![CDATA[corporate governance]]></category>
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		<category><![CDATA[TARP]]></category>

		<guid isPermaLink="false">http://www.economybeat.org/?p=5677</guid>
		<description><![CDATA[<div>...even if TARP saved our financial system from driving off
a cliff back in 2008, absent meaningful reform, we are still driving on the same
winding mountain road, but this time in a faster car.</div>

Neil Barofsky, the Special Inspector General for the Troubled Asset Relief Program (that's SIGTARP to you) has <a href="http://www.npr.org/templates/story/story.php?storyId=123179912&#38;ft=1&#38;f=1017">released</a> his Quarterly Report to Congress, which you can <a href="http://www.sigtarp.gov/reports/congress/2010/January2010_Quarterly_Report_to_Congress.pdf"><strong>read here in .pdf</strong></a>. The opening section of the Executive Summary is below. My own executive summary:

<ul>
	<li>The financial system is far more stable in parts than at the height of the crisis in fall, 2008. Banks can raise funds and many formerly on the verge of collapse have repaid the emergency government loans early. These repayments have resulted in a profit for the U.S. Treasury on some of the TARP investments, decreasing the cost of the bailout to taxpayers.</li><p />

<li>The TARP goal of increasing financing to U.S. businesses and consumers has not been met, as lending continues to decrease and home foreclosures remain at record levels. The repayment of government funds by banks and the exit of the U.S. as a major shareholder in the banks have signficantly decreased the government's ability to influence the policies of these financial institutions.

<li>Fundamental problems in the financial system have not been addressed to date, and "too big to fail" institutions are even larger, thanks in part to TARP and other bailout programs. Incentives to take reckless risk are even greater, as the market is convinced government will step in to cover losses that could threaten the system. Executive compensation also remains an incentive to take inordinate risks. </li>

	<li>The government's efforts to support home prices risk re-inflating a housing bubble.</li>]]></description>
			<content:encoded><![CDATA[<p />
<div><em>&#8220;&#8230;even if TARP saved our financial system from driving off a cliff back in 2008, absent meaningful reform, we are still driving on the same winding mountain road, but this time in a faster car.&#8221;</em></div>
<p>Neil Barofsky, the Special Inspector General for the Troubled Asset Relief Program (that&#8217;s SIGTARP to you) has <a href="http://www.npr.org/templates/story/story.php?storyId=123179912&amp;ft=1&amp;f=1017">released</a> his Quarterly Report to Congress, which you can <a href="http://www.sigtarp.gov/reports/congress/2010/January2010_Quarterly_Report_to_Congress.pdf"><strong>read here in .pdf</strong></a>. The opening section of the Executive Summary is below, and frankly, it&#8217;s not the most comforting thing you&#8217;ve ever read. While some of the conclusions describe positive results, others qualify as downright scary, and I wouldn&#8217;t be surprised to see direct quotes highlighted at upcoming Tea Party rallies. </p>
<p>My own executive summary:</p>
<ul>
<li>The financial system is far more stable in parts than at the height of the crisis in fall, 2008. Banks can raise funds and many that were on the verge of collapse have made an early repayment of the emergency government loans. These have resulted in a profit for the U.S. Treasury on some TARP investments, decreasing the cost of the bailout to taxpayers.</li>
<p />
<li>The TARP goal of increasing financing to U.S. businesses and consumers has not been met, as lending continues to decrease and home foreclosures remain at record levels. The repayment of government funds by banks and the exit of the U.S. as a major shareholderhave significantly decreased the government&#8217;s ability to influence the policies of these financial institutions.</li>
<p />
<li>Fundamental problems in the financial system have not been addressed to date, and &#8220;too big to fail&#8221; institutions are even larger, thanks in part to TARP and other bailout programs. Incentives to take reckless risk are even greater, as the market is convinced government will step in to cover losses that could threaten the system. Executive compensation also remains an incentive to take big risks.</li>
<p />
<li>The government&#8217;s efforts to support home prices risk re-inflating a housing bubble.</li>
</ul>
<p><span id="more-5677"></span><br />
<blockquote><em>From the SIGTARP Executive Summary of the SIGTARP Quarterly Report to Congress</em></p>
<p>Well into its second year of operations, the Troubled Asset Relief Program<br />
remains a vitally important part of the Federal Government’s response<br />
to the economic crisis, and the formal extension of TARP by the Secretary of the<br />
U.S. Department of the Treasury on December 9, 2009, makes it clear<br />
that this role will continue well into 2010. The focus of TARP has begun to shift,<br />
however, as the early TARP programs that invested huge sums in banks are now<br />
closed to further investments and most of the largest bank recipients have repaid<br />
their TARP funds. Treasury has stated that, going forward, TARP will focus on foreclosure<br />
mitigation efforts, small-business lending, and a continuation of support for<br />
the asset-backed securities markets.</p>
<p>This time of transition provides an opportunity to take a step back and examine<br />
whether Treasury’s efforts in TARP thus far have met the goals of the program.<br />
On the positive side, there are clear signs that aspects of the financial system are<br />
far more stable than they were at the height of the crisis in the fall of 2008. Many<br />
large banks have once again been able to raise funds in the capital markets, and<br />
some institutions — including some that appeared to be on the verge of collapse —<br />
have recovered sufficiently to repay their TARP investments years earlier than most<br />
would have predicted. These repayments and the sales of the warrants associated<br />
with them have meant that Treasury (and thus the taxpayer) has turned a profit on<br />
some of the individual TARP investments; as a result of these repayments, among<br />
other positive developments, it now appears that the ultimate cost of TARP to the<br />
American taxpayer, while still substantial, might be significantly less than initially<br />
estimated.</p>
<p>Many of TARP’s stated goals, however, have simply not been met. Despite the<br />
fact that the explicit goal of the Capital Purchase Program (“CPP”) was to increase<br />
financing to U.S. businesses and consumers, lending continues to decrease, month<br />
after month, and the TARP program designed specifically to address small-business<br />
lending — announced in March 2009 — has still not been implemented by Treasury.<br />
Notwithstanding the fact that preserving homeownership and promoting<br />
jobs were explicit purposes of the Emergency Economic Stabilization Act of 2008<br />
(“EESA”), the statute that created TARP, nearly 16 months later, home foreclosures<br />
remain at record levels, the TARP foreclosure prevention program has only<br />
permanently modified a small fraction of eligible mortgages, and unemployment is<br />
the highest it has been in a generation. Whether these goals can effectively be met<br />
through existing TARP programs is very much an open question at this time. And<br />
to the extent that the Government had leverage through its status as a significant<br />
preferred shareholder to influence the largest TARP recipients to carry out such<br />
policy goals, it was lost with their exit from TARP.</p>
<p>As important as assessing the effectiveness of TARP programs is, in the final<br />
analysis, TARP can truly only be a success if TARP is both managed well <em>and</em> its positive effects are enduring.</p>
<p>The substantial costs of TARP — in money, moral hazard effects on the market, and Government credibility — will have been for naught if we do nothing to correct the fundamental problems in our financial system and end up in a similar or even greater crisis in two, or five, or ten years’ time.<br />
It is hard to see how any of the fundamentalproblems in the system have been<br />
addressed to date.</p>
<p>• To the extent that huge, interconnected, “too big to fail” institutions contributed<br />
to the crisis, those institutions are now even larger, in part because of the substantial<br />
subsidies provided by TARP and other bailout programs.</p>
<p>• To the extent that institutions were previously incentivized to take reckless risks<br />
through a “heads, I win; tails, the Government will bail me out” mentality, the<br />
market is more convinced than ever that the Government will step in as necessary<br />
to save systemically significant institutions. This perception was reinforced<br />
when TARP was extended until October 3, 2010, thus permitting Treasury to<br />
maintain a war chest of potential rescue funding at the same time that banks<br />
that have shown questionable ability to return to profitability (and in some cases<br />
are posting multi-billion-dollar losses) are exiting TARP programs.</p>
<p>• To the extent that large institutions’ risky behavior resulted from the desire to<br />
justify ever-greater bonuses — and indeed, the race appears to be on for TARP<br />
recipients to exit the program in order to avoid its pay restrictions — the current<br />
bonus season demonstrates that although there have been some improvements<br />
in the form that bonus compensation takes for some executives, there has been<br />
little fundamental change in the excessive compensation culture on Wall Street.</p>
<p>• To the extent that the crisis was fueled by a “bubble” in the housing market, the<br />
Federal Government’s concerted efforts to support home prices — as discussed<br />
more fully in Section 3 of this report — risk re-inflating that bubble in light of<br />
the Government’s effective takeover of the housing market through purchases<br />
and guarantees, either direct or implicit, of nearly all of the residential mortgage<br />
market.</p>
<p>Stated another way, even if TARP saved our financial system from driving off<br />
a cliff back in 2008, absent meaningful reform, we are still driving on the same<br />
winding mountain road, but this time in a faster car.
</p></blockquote>
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		<title>Accountability, banks &#8211; see &#8220;Lack of&#8221;</title>
		<link>http://economybeat.org/banking-and-finance/accountability-banks-see-lack-of/?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=accountability-banks-see-lack-of</link>
		<comments>http://economybeat.org/banking-and-finance/accountability-banks-see-lack-of/#comments</comments>
		<pubDate>Wed, 06 Jan 2010 21:55:20 +0000</pubDate>
		<dc:creator>Jon Brooks</dc:creator>
				<category><![CDATA[banking and finance]]></category>
		<category><![CDATA[banks]]></category>
		<category><![CDATA[corporate governance]]></category>
		<category><![CDATA[TARP]]></category>

		<guid isPermaLink="false">http://www.economybeat.org/?p=4822</guid>
		<description><![CDATA[From The Big Picture blog, a post called Banking Sector Remains (literally) unchanged: Ever wonder why the banking sector continues to operate as it always has? Here’s a possible answer: According to a report on Corporate Governance by Professor Emma Coleman Jordan of the Georgetown University Law Center&#8230;one simple issue might help to explain why [...]]]></description>
			<content:encoded><![CDATA[<p>From <a href="http://www.ritholtz.com/blog/">The Big Picture</a> blog, a post called <a href="http://www.ritholtz.com/blog/2010/01/banking-sector-remains-literally-unchanged/"><strong>Banking Sector Remains (literally) unchanged</strong></a>:</p>
<blockquote><p>
Ever wonder why the banking sector continues to operate as it always has?</p>
<p>Here’s a possible answer: According to a report on Corporate Governance by Professor Emma Coleman Jordan of the Georgetown University Law Center&#8230;one simple issue might help to explain why change has been so elusive at the bailed out banks: Their people.</p>
<p>Jordan notes that the folks who run the major banks today — the senior executives, directors, managers, etc. — are essentially the same exact folks who ran them (into the ground) 5 and 10 years ago:</p>
<p>    “The prospects for a robust prudently guided financial sector have been substantially clouded by the fact that the both the corporate governance structure and the executive leadership of the financial sector remain largely unchanged—92% of the management and directors of the top 17 recipients of TARP funds are still in office.”</p>
<p>You read that correctly — 92% of the TARP recipients’ senior management remains essentially unchanged post-crisis . . .</p>
</blockquote>
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