Glass-Steagall And Such

Mod Note (Andy): This post is a reprint from the November 12th edition of Jared's Daily Dirtnap Newsletter. If you'd like to read more, WSO readers qualify for a $100 discount to his Daily Dirtnap daily market newsletter...just email [email protected] and mention "WSO Monkey Discount". You can follow Jared on twitter at @dailydirtnap..

Even if you could split apart investment and commercial banks, I’m not sure you’d want to. And I’m pretty sure you can’t. You can’t put that genie back in the bottle.
I think there are two major fallacies on this issue:
- Publicly traded banks have moral hazard
- Investment banks “gamble” with depositors’ money.

Lots of people like to talk about the “agency problem” and they observe that back in the old old days of Lehman Brothers and its cousins, when it was Bobby Lehman running the show, it was a private partnership, and people didn’t do stupid stuff because the partners were on the hook. Maybe. And people make the argument that when shareholders are on the hook, the managers behave differently. Maybe. But probably not, because the managers are often big shareholders, so it would be suicidal to intentionally do things that would imperil the firm. For sure, management sometimes does things that unintentionally imperil the firm, but this idea that bank CEOs nuked their companies just for cheap thrills is kind of dumb, because they were personally ruined in the process.

The second point is also interesting. Traditional services of an investment generally consist of underwriting securities. For sure, that is riskier than lending, but honestly, not by much. Lending is pretty risky. It is the capital markets activities that are much riskier, and even then, it depends how you do it. This phenomenon of the 80s- 00s where banks were the big liquidity providers is a little bit of an aberration. For years, the risk was much more spread out. Should banks be liquidity providers? Obviously, yes, as we are finding out now. The question is to what extent.

I remember in my Investment Banking class in business school, we had a guest speaker, the erstwhile CEO of Volpe Brown Whelan, was it Tom Volpe? Volpe was fresh off of selling his firm to Prudential. Volpe hands out a tombstone ad for a bond deal in the 80s. What do you notice about this ad, he asks.

All the banks on it were gone!

They literally no longer existed. There were two that were still around, and one of them was Lehman Brothers Kuhn Loeb.

Then Volpe says: “In ten years, all of our current banks will be gone.”

He didn’t have any knowledge that we would have the financial crisis. He knew that this was the natural order of things, that banks would take too much risk and blow themselves up, and new banks would take their place. So what we experienced in 2008 wasn’t any different than what had been happening for years--just on a much bigger scale.

We always think that we are unique, that these things have never happened before. There is nothing new under the sun.

Volpe sold his boutique investment bank for $150 million. He owned some fraction of that, an amount of money that almost seems quaint nowadays. He went on to do sovereign wealth fund stuff.
Will bringing back Glass-Steagall prevent another crisis 50 years from now? No. Will making all investment banks private partnerships? No.

If you abolished capitalism, you might prevent another crisis, but then it would just be terrible all the time. In markets, people make mistakes. It is human nature. It is easy to do the Monday morning quarterback thing. How could you have not known?

I am entitled to say that, because I was sending out Bloombergs about the housing market at the time. How could you not know?

Lots of people didn’t. And sometimes people did, but kept doing what they were doing anyway, because of competitive pressures (that line about dancing while the music’s playing), which are a feature of capitalism.

In general, human beings will succeed in preventing the exact same thing from happening twice. But a variation of it will happen. Who knows, maybe 50 years from now there will be a bubble in convertible bonds. Or munis. It will be something.

I saw the housing bubble, but I try not to be too hard on people who didn’t. Look—I didn’t get that gold was a bubble, and I’m supposedly smart. It happens.

 

This isn't the least bit convincing. That 'genie' was put into the bottle once before. Why not now?

Referring to the "agency" problem, Wall Street CEOs obviously didn't "nuke their banks for cheap thrills" but they went from having to be "long-term greedy" and having personal liability to having shares in companies with very diffuse ownership bases they were barely accountable to and for which the next earnings number was all that matter. If that doesn't seem like a dangerous proposition, I don't know what is.

Investment banks don't "gamble" with investor money, they leverage up their balance sheets to fund their various businesses. And leveraging up money from a diffuse and mostly unsophisticated investor/depositor base is vert different from doing it with a partnership's equity.

And the problem of moral hazard is very really when these are FDIC protected deposits and you mix investment banking (in the large IBD+S&T+merchant banking sense) with the commercial lending the economy depends on.

Of course there will be another major crisis in the 50-60 years. But a big part of the reason the financial system was so resilient after 1929-1933 was precisely the Glass-Steagall act. Its repeal had a major exacerbating influence on the financial crisis and need for bank bailouts.

Just because a crisis is inevitable doesn't mean we should cling to the stuff that heightens its likelihood and severity.

 

No one seriously believes that ending 'universal banking' would have any net positive impact on macroeconomic cyclicality/volatility. It's a throw away line. A slogan that's particularly expedient for the liberal politician and his/her know-nothing base.

That said, there is a problem with the current structure of banks. Specifically, there is no synergy between commercial baking on the one hand and investment banking (all functions) and IM on the other. Commercial banks are essentially relics of proto-capitalism. Soon there will be apps that entirely eliminate the role of commercial banks as financial intermediaries. They provide little value in this function and regulation puts a significant strain on an already failing industry.

Capital requirements, flat yield curves, draining organic deposits, "consumer protection" litigation risk and all other forms of traditional banking risk (maturity, inflation, counter-party, etc) makes traditional baking fruitless. I could go on but the key is that banks as we know it don't exist out of practicality. They exist, at this point, out of convention - tradition. This is how we conceptualize banking but soon it will all change.

Soon when you want a loan, you will log on to your loan app. It will pull your credit score, your income and other market inputs (LIBOR, inflation, etc) and a loan will directly flow into your cloud account. No teller, no lines, no overdraft fees, nothing.

“Elections are a futures market for stolen property”
 

What I mean by that is that these bills have very little likelihood of passage. The banking lobby is way too powerful and well-funded.

In the off chance that it passed, however, the large banks would be broken up and things would go back to the way they were 10 years ago. In other words, retail banking would probably feel little to no impact because that business model is essentially unchanged, but the investment banking side would be disrupted and have to return to more traditional profit centers.

 

no chance this passes, but interesting...if anyone hasn't noticed JPM and the banks with access to the discount window will turn into a monopoly of sorts soon; this needs to be busted in some way...would be great for companies to actually receive financial advisory again, versus having a credit agreement jammed down their throats in order to get charged additional M&A advisory fees...

 

Think about the big banks that failed last years-- the ones that had a commercial bank unit survived (JPM, C) while the pure investment banks either failed (BSC, LEH, MER) or had near-death bank runs (MS, GS, in September/October '08)

Breaking up the universal banks won't fix the problem.. at all. I'm all for effective regulations that help preventing future catastrophes, but bringing back Glass-Steagall itself is just stupid.

Let's hope they've put the $200 million lobby dollars to good use.

 

If you look more closely to the events that have occurred in the last two days, senators are now afraid to do things that may rattle the markets even more, top analysts are suspecting that the Broader Sovereign Debt Crisis and lack of ECB's quick agility has shut down some parts of financial regulation including the audit of the fed, separating derivative trades, and most importantly the Volcker Rule (shadow of the glass-steagall).

----------------------------------------------------------------- “It's all nonsense. Firms use titles to pander to the egos of the employees without giving away the store. If you are getting the money, who cares about the title?"
 

It's no coincidence that less than 10 years after the repeal of Glass Steagall, 3 of the largest investment banks (Bear, Lehman, Merrill) collapsed and/or got swallowed by commercial banking conglomerates. The Government/Fed is heavily connected with the large banks (Citi, Bofa, JPM) and want to consolidate the industry into the hands of the few.

The government is also trying to take over the healthcare industry which makes up over 15% of GDP. I hope the Senate doesn't pass that bill...

 
watdo:

This bill isn't law. It was just proposed. I doubt it goes anywhere. Elizabeth Warren is a demagogue that does nothing but introduce feel-good legislation.

Thanks, good catch. I edited the original post.

 

No way this gets passed, thankfully.

"For all the tribulations in our lives, for all the troubles that remain in the world, the decline of violence is an accomplishment we can savor, and an impetus to cherish the forces of civilization and enlightenment that made it possible."
 

Anyone know where to read good arguments for and against this?

Wouldn't this mean deposits could still be used to fund mortgages/loans made by the commercial banking side, investments that could also fail just as a derivative in the investment bank could? Why are mortgages or business loans less risky? Anyone know which side of the banks the bad mortgages were housed prior and during the recession (not a rhetorical question; I'm not sure of the answer and it's obviously relevant here)?

Also, I was under the impression that deposits were ring-fenced from the investment bank except for a period during 2008 when they suspended the rules. So then doesn't that make it irrelevant anyway? Or is the argument that IBD has an implicit backing from the deposits in that, in the event of a crisis, the government might lift the ring fence to help bail out the failing assets so that IBD gets implicit free insurance through FDIC?

 

Dealbreaker had an article on this. Made the same sort of points you did. This woman seems to have absolutely no clue.

But I believe that the mortgages were all over the place. Some in the IBs waiting to get securitized, and other still sitting on the books at the retail banks/S&Ls. Someone, correct me if I'm wrong though.

"History doesn't repeat itself, but it does rhyme."
 

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