Congress created the Congressional Oversight Committee to oversee the Treasury’s management of the TARP program. The Panel, under its chair, Elizabeth Warren, is doing its job. Here’s an example, complete with a lecture:

Treasury has not explained its assumption that the proper values for these assets are their book values – in the case, for example, of land or whole mortgages – and more than their “mark-to-market” value in the case of ABSs, CDOs, and like securities; if values fall below those floors, the banks involved may be insolvent in any event. Treasury has also failed to explain its assumptions about the economic events that would cause investors to default or how long it believes assets will have to be held to produce a reasonable return for private investors. Without non-subsidized buyers, market functioning is an illusion.

Treasury also hasn’t explained why it thinks this is a liquidity crisis, and not a solvency crisis. Not only that, it doesn’t have the information necessary to make that call: granular information about the loans and mortgages that make up the securitized pools we now call toxic waste. The Warren Report suggests that without saying it. Since Treasury is fixated on its current path, Warren explains the alternatives.

We have looked at two, conservatorship and receivership. Warren explains a third, subsidization. The government provides a loan, a guarantee or an investment into the sick bank, or the purchase of the toxic assets from the bank at a high price, or some combination. This assistance usually moves through the bank holding company to the sick bank. Before it is made available, the bank holding company will have exhausted most of its assets, so flowing the money through it increases the risk of loss to taxpayers. That is what has happened so far.

The analysis is detailed, but open-ended. Following bureaucratic procedure, the Panel leaves it to Treasury to find the facts and then figure out the best strategy to protect the public from the failures of the financial elites.

It’s no surprise that John Sununu, a Republican, and Richard Neiman, the New York Superintendent of Banks and former CEO of TD Bank, a subsidiary of Toronto-Dominion Bank, loathe the whole transparency thing that Warren thinks is very important:

These issues are complex, however, and the Panel did not reach an agreement on either the economic assumptions underlying strategic choices or on the optimal strategy to pursue. Further, we are concerned that the prominence of alternate approaches presented in the report, particularly reorganization through nationalization, could incorrectly imply both that the banking system is insolvent and that the new Administration does not have a workable plan. The stakes for the American people are too high to permit any such misapprehensions to develop and intrude on successful outcomes that affect our national financial security.

… Speculation on alternatives runs the risk of distracting our energy from implementation of a viable plan and needlessly eroding market confidence. Market prices are being partially subjected to a downward self-reinforcing cycle that could be exacerbated by unwarranted consideration of more radical solutions such as nationalization.

Sununu and Neiman have faith that the real problem is confidence in our financial elites, both in and out of government. Sorry boys, the confidence train left the station with trillions of dollars of other people’s retirement money on it. One essential step to restoration of confidence is in-your-face evidence that the financial muggers have been purged and punished and shorn of their plunder.

Congress has done nothing with Warren’s reports. Those hearings full of outrage and bombast were pointless and useless, except for the YouTube clips. It’s hard to investigate during the day when you spend the evenings sucking cash from your targets. Warren can’t do this by herself. Maybe someone in Congress could stop posturing, read her reports, and act in the public interest. I’m sure Warren and her staff will help.


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