Neil Barofsky, the former prosecutor who headed up a mortgage fraud unit for the New York US Attorney, and who is now the Special Inspector General for TARP, tells us that Bank of America (BAC) doesn’t know what it did with the billions it got from TARP. Under the terms of its agreement with the Treasury, BAC and Citigroup were required to report on their use of TARP money, their internal controls, and their compliance with the restrictions of the use of TARP money.

Here’s how Barofsky describes [.pdf] BAC’s report:

Bank of America acknowledged that it did not segregate the $20 billion of TARP funds on its balance sheet and included it as part of the operating capital, stating that, “since all TARP investment funds are part of our operating capital, they cannot effectively be segregated and they cannot be ‘unspent.’” According to Bank of America, the additional $20 billion was used to “bolster the company’s capital and liquidity positions.”

"Unspent"? Why is that relevant?

Despite Barofsky’s strong recommendations, Treasury adopted BAC’s position that money is fungible, so the reports would be meaningless. Treasury says it will measure the effects of TARP by studying institutional lending over time. It turns out Citi did segregate and can account for 90% of the money. Over half of the $50bn it got went to mortgages.

Barofsky did a survey of over 360 banks that took TARP money, and 98% were able to report on their use of the money. From page 186:

Moreover, the results show that institutions commonly have used TARP funds in ways that will not immediately or directly register on a bank’s lending report. In addition to activities that would directly lead to lending, for example, banks reported that TARP funds have been used in these ways:
• to increase capital cushions to absorb unexpected losses
• to purchase mortgage-backed securities, thus not resulting in lending by the bank itself, but supporting lending by other institutions in the MBS pipeline
• to pay down debt, thus de-leveraging the bank’s balance sheet and improving its ability to withstand further economic downturn
• to acquire other banks

As I noted here, loan portfolios dropped from the first to the second quarter at BAC and Citi, and JP Morgan Chase shows a steady drop since the beginning of the year. We have a Treasury report for May, apparently the first such report. It says only that loan portfolios were flat from April to May, and gives us no idea of the impact of TARP on lending.

We did save the banksters from abject failure, but it’s clear that all that money didn’t increase credit availability. In retrospect, maybe we shouldn’t have bought the idea that keeping the banks in business would lead to lending in this miserable economy. Maybe the financial elites knew that at the time and were just saying what they thought might help them get government money.

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