Four more banks were seized by the FDIC yesterday (one, two, three, four), bringing the total for 2010 to 90.
So far, that is.
In 2009, we didn’t hit the 90th bank closure until after Labor Day.
This is no surprise to Sheila Bair and the FDIC, as they have been planning for this in their budgeting and staffing for quite a while.
At the Fed, however, things are different. As Yves Smith put it, “So now that the Fed sees the banking industry as being on the mend, it has become complacent.” She quotes her reader Doug: “So, they are currently comfortable with the pace toward ‘maximum employment’. Stunning. And adds grist to contention that official U3 of 9.5% is now acceptable.”
Nevertheless, they are slowly waking up to the fact that there is more to life, economically speaking, than the health of Wall Street and big banks. As Neil Irwin wrote on Thursday, “Fed leaders are weighing modest steps that could offer more support for economic activity.”
Perhaps Paul Kanjorski got their attention.
While the banking industry has gotten lots of other stuff scrubbed from the financial reform package, Kanjorkski has protected one reform, which Simon Johnson describes like this:
In essence, Kanjorski proposed that a group of 10 federal regulators be given the explicit power to break up big financial firms when they pose systemic risk. Not only that, the wording of the bill makes it clear that these regulators now face the expectation that they will use these powers.
This is a big shift in responsibility, away from the Federal Reserve, which implicitly had all kinds of emergency powers but would never have taken such action.
Who are the Kanjorski 10? This is the systemic risk council, which includes the treasury secretary (as chairman), the chairman of the Federal Reserve’s Board of Governors, the director of the new consumer protection agency, the head of Federal Housing Finance Agency, the chair of the National Credit Union Administration board, an individual who will represent insurance regulators and representatives from the each of the four standard federal regulatory agencies.
If two thirds of the council’s members agree (i.e., 7 out of 10), then a financial company can be subject to a variety of restrictions, up to and including the requirement that it divest itself of particular activities or more generally break up.
In a followup post at his own site, Simon adds:
This may all sound rather technical, and to some extent it is. But it is also intensely and pointedly political. The Kanjorski Amendment makes it clear that system risk must be assessed and dealt with. And it assigns clear responsibility for this issue – along with a cut and dried list of remedies.
The debate on big banks and the dangers they pose is far from over.
Back at the end of May, FDL’s David Dayen said the Kanjorski amendment
would require the systemic risk council to either break up or force restrictions on any financial institution that posts a “grave threat” to economic stability. This is just about the only pre-emptive action that the council would be able to take, if it makes the final bill.
Which makes one new job posting on the FDIC’s Careers page rather interesting. They are looking to hire a new Senior Congressional Relations Manager (#2010-OIG-0151), whose top two duties are
- Serves as the principal congressional relations advisor/expert and provides advice to senior OIG management about congressional issues.
- Develops and executes a comprehensive strategy for the OIG to work with members of the Congress, their staffs, and committees of jurisdiction in the drafting and development of legislation and legislative initiatives pertinent to the FDIC OIG, the federal Inspector General community, and the FDIC.
This could be quite an important under-the-radar hire, especially at a time when the pace of not-too-big-to-fail bank failures outpaces last year.



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How many more “zombies” are out there?
Doors still open, still doing business, but with bad debt on the books far oustripping the assets…?
Calculated Risk’s “Unofficial Problem Bank List” is at 796, which he expects to go over 800 next week when the FDIC releases a new list of enforcement actions, and it is on pace to top 1000 by the end of the year.
Not all these banks will fail, but the size of the list of banks that the FDIC is watching more carefully than usual is a sign of the overall precariousness of the smaller banking community.
It’s probably better to have the Kanjorski provision than not. But if the systemic risk council had been in existence in 2007-2008, and you ignore that the Federal Reserve had a similar mandate but did nothing to rein in system risks, the members that would have been on the council at that time would have done nothing different from what they did, because they didn’t believe that was consistent with their view of their obligations or the requirement to protect the financial sector.
There is little possibility that those in current positions in the Obama Administration — some of whom were there in 2007-08, who will populate the new council will see their jobs any differently, and a very high probability that the next President will appoint people with even more laissez faire views.
Toxicologists: Corexit “Ruptures Red Blood Cells, Causes Internal Bleeding”, “Allows Crude Oil To Penetrate “Into The Cells” and “Every Organ System”
July 10, 2010
http://www.washingtonsblog.com/2010/07/toxicologists-corexit-ruptures-red.html
I tend to agree with you, both in terms of your opening sentence and the reality of the way the council might play out.
But politically speaking, if the Fed has these powers currently and this amendment threatens to strip them of those powers, that gives the Fed a very strong incentive to start acting a bit more like a systemic regulator instead of an enabler of Vampire Squids, giant or otherwise. I am reasonably sure that Bernanke doesn’t want anyone stepping on his turf.
One other piece to this amendment, politically speaking, is that it would create a place where Sheila Bair would be sitting as an equal with Bernanke and Geithner. That, in itself, would be a good thing.
For those who like neat graphs, CR did a post at the end of May called “Bank Failures Per Week” with a lovely chart of closures in 2008, 2009, and 2010.” The slope of the line marking 2010 bank failures is brutal.
As soon as the amendment is stripped, the FRB will go back to its feckless ways. There’s no more clueless body than the FRB, well clueless from a real person’s POV, not clueless from powerful fin corp POV.
Wow. Thanks for this, Peterr. Some potentially good news to go along with that of Corker’s and Pomeroy’s putting potential road blocks in the path of the Catfood Commission.
The current Administration appointees strongly opposed earlier amendments that would have required the break up or downsizing of the largest financial institution that are still systemic risks today. They lobbied the Senate to defeat Kaufman-Brown, and they wouldn’t let milder versions even come to a vote.
Since that is the position of the Obama Admnistration and financial regulators Obama appointed, that tells you this provision won’t accomplish anything. In other words, we’ve already had a test of whether this group of people in a Democratic Administration after the worst financial crisis since the Depression would use such a power if they had it, and the result was, they’d didn’t want Congress to do what the council should/would have done if it had been in existence.
That’s a clear signal they won’t use this power in the future in advance when it might actual do some good; all they’ll do is use the resolution mechanism to unwind an institution already in failure but just days short of formal bankruptcy. That leaves the resolution in the executive’s hands instead of the judiciary’s hands. Which means the issue is who gets to decide whether Wall Street and sovereign creditors take a hit, which ones and how much. The Administration wants to control those decisions, because of their political implications — they get to decide who gets protected (Goldman and foreign banks) and who doesn’t (shareholders). There is nothing else going on here that has anything to do with protecting the economy or even the integrity of the financial system.
We’re debating allocation of crumbs from a table in which the meat and potatoes and dessert have already been stolen.
The formal presence of Bair in this group essentially pro-industry protectionist appointees won’t change that.
Forgot to link my diary. I told an academic economist friend of mind about the meeting I wrote up, and she related that FRB reps came to some sort of meeting at an institute at Bard College and got an earful along the same lines from the participants & the audience. Think it made not a twit of difference.
Ding!
A council of 10 with 7 needed for action? Come on. Lehman went bust in a matter of days. By the time this council scheduled a meeting, looked at the evidence (for many in areas they are not familiar with), and took a vote, Lehman would have been dead and gone a month.
More than that most of the banking system remains insolvent. You point out the banks that failed this week, but you have to understand just how bad their situation must have been to do so. Financial companies have been legally allowed through changes in their accounting practices to cook their books. They have been allowed to borrow money at ZIRP from the Fed and then deposit that money back at the Fed and get paid interest on it. That is a large backdoor subsidy. It also makes something look like a reserve when it is nothing of the kind. In fact, banks remain undercapitalized. What capital they do have goes back into gambling on the latest Wall Street bubble, but when that finally blows they will have even bigger losses. So if this board was honest, it would have to move against the whole financial sector. Can you see that happening?
Finally, this is a classic case of fake regulate instead of real legislate. Congress and the President could simply enact safe banking standards. You carry this much in reserves. These activities are prohibited to you. Violate these and your bank is guilty of a felony. As are its directors, and on top of that make their personal liability unlimited. Then you will see a difference.
Hugh, you should be on the council. As it is, you are right:
A Must read.
Toxicologists: Corexit “Ruptures Red Blood Cells, Causes Internal Bleeding”, “Allows Crude Oil To Penetrate “Into The Cells” and “Every Organ System”
July 10, 2010
http://www.washingtonsblog.com/2010/07/toxicologists-corexit-ruptures-red.html
And FWIW: Debt, Bank Troubles Leave U.S. Trailing in Job Growth ; note that the nations NOT having a job growth issue are the one’s who did not have a banking industry issue.
This is so like what people have forgotten about 9/11; it COULD have been avoided if the ‘regulators’ (agencies) had not been concerned with their ‘turf’ and co-operated for the good of the nation. Regulations are useless because the depend on the regulators to ‘do their job’; what is needed are laws that are hard and fast like Glass-Steagall was.
Hugh and Scarecrow: You are da men! Or da man and da woman, depending on what gender Scarecrow is.
Love
You should trademark or copyright that one.