The Bank of America (BAC) recently moved derivatives out of its Merrill Lynch subsidiary into a subsidiary plump with FDIC insured deposits. Bloomberg says the Fed wants to protect the bank holding company without increasing its own obligations. The FDIC opposes the transfer because it increases their risk. Dday’s take is here.
Three of the five biggest derivatives players have already done this. The OCC Quarterly Report on Bank Derivatives Activities gives information about derivatives held by banks, and by bank holding companies, separately. AS of June 30, 2011, the numbers are nearly identical for JPMorgan Chase, Citigroup and Goldman Sachs. Only Morgan Stanley and BAC had a significant part of their derivatives outside the warm embrace of the FDIC.
BAC apparently held $21.7 trillion in notional value outside of banking subsidiaries at June 30, and it has now moved that into FDIC insured institutions. [Compare Tables 1 and 2 of the OCC Report.] The Bloomberg article doesn’t say exactly how much, and it isn’t reported in BAC’s earnings release for the third quarter. A reporter asked about this in the earnings call. Bruce Thompson, the Chief Financial Officer of BAC, said he was surprised by the article, and that the move was in the normal course of business.
The OCC Report gives some idea of the increase in risk. It uses a measure of risk called Total Credit Exposure, which is equal to the sum of Net Current Credit Exposure and Potential Future Exposure. The first is the net amount owed to the bank if all contracts were suddenly liquidated. The second is an attempt to estimate the potential future losses, using a formula developed by regulators. This number is compared to the Total Risk-Based Capital, which is the sum of Tier One Capital and Tier Two Capital. This calculation effectively excludes Tier Three Capital, the assets for which there is no liquid market and no clear method of calculating value.
According to the OCC Report dated 6/30/11, the ratio of Total Credit Exposure to Total Risk-Based Capital at BAC was 182%, meaning that regulators calculated the potential losses from derivatives at nearly double the total of the assets subject to valuation in liquid markets.
So let’s assume that substantially all of the $21.7 trillion in derivatives in the holding company moved to the FDIC-insured bank. If we assume that those derivatives were at least as risky as those already held by the bank, and Yves Smith thinks they are much more risky, we can estimate that the risk to capital ratio moved from 182% to at least 257%. In numbers, the estimated exposure increases by $115 billion, from $281 billion to $396 billion. With reserves at about $3.9 billion, it’s no wonder the FDIC is concerned.
Of course, the Fed loves it. Bank holding companies can do no wrong as far as the Fed is concerned. The risk to taxpayers, and the moral hazard issues are utterly irrelevant to Ben Bernanke and his buddies. Of course, given the vast conflicts of interest at the Fed, this isn’t a surprise.
There are reasons to be worried about this. First, BAC moved the derivatives at the request of counterparties. The counterparties have a right under their derivative contracts to demand collateral from BAC, as they did after the company’s rating was reduced earlier this year. BAC estimates that would require an additional $3.3 billion in collateral. The downgrade was due to judgment by the ratings agencies that the government was less likely to bail out BAC if it got into trouble. Thus, the effect of the downgrade was to increase the direct risk to the FDIC, by forcing it in effect to guarantee the derivatives of Merrill Lynch. Nice opinion, ratings agencies. I wonder who paid them for it?
Second, if the FDIC has to liquidate BAC, it will have to borrow from the Treasury to pay depositors, and it will have to bill the largest banks for additional fees to pay off the Treasury loans to the extent of actual losses. We have no idea of the interlocking relations of these giants, so we have no idea whether the collapse of one would wreck others. Media reports say there are concerns about the relationships between European banks and US banks, so there is reason for concern about the relations among US giants. If one collapse could lead to others, where is the money coming from to repay the Treasury?
The following shows the Total Credit Exposure/Total Risk-Based Capital ratio for four of the largest banks at 6/30/11:
JPMorgan Chase: 274%
Citigroup: 203%
BAC: 182%
Goldman Sachs: 788%
That’s pretty chilling.
Third, 82% of derivatives in notional amount are interest rate swaps. Interest rates are at historic lows. What happens when they go back up to normal levels? The OCC Report says that the values of interest rate derivatives increased because interest rates dropped during the second quarter. That may be a problem when interest rates rise.
Fourth, BAC has a huge position in credit default swaps, with a notional value of $4.1 trillion. Oddly, the bank subsidiary seems to have a position of $5 trillion, and I don’t know what happened to the other $900 billion. (See Tables 1 and 2 of the OCC Report). Anyway, as we saw with AIG, when CDSs go sour, the counterparty has the right to demand collateral right up to the moment the entity fails. In this case, that collateral would be cash, and it would directly reduce the amount of cash in the Bank. That would be a disaster for the FDIC, which would have to pay off the depositor losses up to the insured limit. Using figures provided by bank analyst Richard Bove of Rochdale Securities, we can estimate that the FDIC obligation to depositors at the bank is about $800 billion, compared to the FDIC’s reserves of $3.9 billion.
If the FDIC took over the bank subsidiary, it could reject the derivatives contracts immediately. That would staunch the outflow of cash, but it would be bad for unsecured creditors, including bond-holders, and holders of uninsured deposits, whose claims would be diluted by the massive claims of holders of derivative contracts. One potentially nasty outcome is that big depositors will start demanding collateral for their accounts. If the bank complies, it reduces its ability to lend. If it doesn’t, big depositors will start to pull out.
A number of smart skeptics have weighed in on this transaction, calling it everything from outrageous to criminal, and saying that the regulators are cheating taxpayers to pay for losses by the rich.
Here are Yves Smith, Bill Black, and Christopher Whalen.
Brian Moynihan, the CEO of Bank of America, says the bank has a right to make a profit. Apparently he has a right to dump risks on other people if it increases bank profits.




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I think the real question to ask is, “Why did the counter parties ask the bankster to move all this crap paper?”
Besides the fact that it puts the taxpayer as a backstop, I’m thinking the banksters and and their cohorts see something very bad happening. All the banks reported good numbers this past quarter, but all with the caveat of “accounting gimmicks”, aka cooking the books.
Is it the European bank problem (I hate when they call it a debt problem) bigger than they are letting on? Is it the illegal foreclosures? A combination of these, or is there another very large shoe to drop, that the banksters know is coming, and are trying to stave off until after bonus time? I don’t know, but it sure as hell is making me nervous.
Is this a done deal, with no recourse for the taxpayers?
I can’t help but repeat. It is time for us to Foreclose on BOA. We will only lose more if we don’t.
Wait a minute..Taxpayers have recourse?..Rich people and their corporations (also people) don’t take risks they take advantage. The other shoe to drop is going to be the lack of clear title with most of the 2 million foreclosures that have already occurred.
When the people find out that their deposits are going to be used to cover the asses of the rich when (not if) the next melt down happens – there really will be mods in the streets. And these people will definitely NOT be peaceful.
NOPE
YEP
I call BS.
Second???
When ALL this shit hits the fan I bet NOBODY at these institutions misses a step OR a bonus.
Whoa…
It’s time to foreclose on all of the mega-zombies.
It’s the rapidly approaching inevitable collapse of BAC. Look at their stock value over the last year. BAC is being hunted for some reason and it’s only a matter of time before all their big bank buddies start down-trading them and drive them into oblivion.
Looks like we are headed toward the Irish solution. Bailed out banks and failed economy.
Which could very well be the first domino.
But one tends to wonder how many others have done the same thing but to less notice.
This is all part of the plan. they will squeeze every last drop from us and leaves us buried in debt and our govt forcing greek style austerity down our throats. People need to get their money out of the banks now while they can because when this blows people are going to find out they can not access their cash. As to what to do with your money and where to keep it, smarter minds on here might know.
Can’t the FDIC sharply increase the fees the banks have to pay? Other than that, why is it that this exposure isn’t being commented on by the Tsy?
Move to a credit union
In which play was it that Shakespeare said, “First thing we do, let’s kill all the bankers”?
Seriously, this feels to me like they are setting us up for the kill. What are those derivatives comprised of/based on? To my knowledge, they are in large part based on mortgage backed securities, credit card debt securities, student loan debt securities, and commercial property mortgage backed securities. Anyone feel free to correct me if that is not substantially correct. So, is there anyone out there who thinks any of those markets are anything close to stable? I don’t. I saw the mortgage backed securites troubles coming way back in early 2005, way ahead of the curve. The recent decision by the Massachussetts Supreme Judicial Court, which DDay posted on yesterday, can’t augur anything but more trouble for that market. I’ve been anticipating a crash in the other three markets as well, for several years, and for the obvious reasons, which are only more obvious in light of the recent economic data. It sounds to me like this could be the grand plan to drain all the available capital from this market, before transitioning to Asia and other fast-growth markets, the scenario I have described several times as my rationalization of all the known facts about the behavior of the major corporate actors, of whom the banks are obviously the leaders of the pack. Would like to hear responses from others knowledgeable on the issue.
What TBTF really means …
When Warren Buffett recently “voted” his confidence by purchasing $5 billion in B of A stock, increasing his exposure in TBTF financials by 50% (Wells Fargo & Goldman Sachs, $5B each since 2009) I’m sure he knew that U.S. taxpayers would guarantee his return on investment.
So much for Uncle Warren’s Stop Coddling the Super Rich meme. http://www.nytimes.com/2011/08/15/opinion/stop-coddling-the-super-rich.html
agree with you. we will wake up to find we are the third world, the dollar will be replaced, and we will be working for same wages as the chinese.
No it’s not. The FDIC could make BAC undo it.
But that would not sit well with the Boyz Club that makes up the economic team, and with a placeholder at the FDIC, it is quite unlikely.
Why is my asshole puckering?
Make banking a public utility.
The two videos at this post should set your mind at ease. /s
Someone call the FBI, Financial Terrorists are planting mines into our economy!
Just another reason to restore Glass-Steagall plus prohibit banks from guaranteeing or insuring loans or undertaking risks like this. As I recall, the FDIC was created as part of the same or at least related legislation to the Glass-Steagall Act in the Banking Act of 1933. The purpose of FDIC insurance was to provide more of a legal counter-weight for requiring the separation of investment banking from commercial and deposit banking, i.e. if the government is going to insure deposits in the bank, then the bank has no right to fool around with the depositor’s money and the government has the right to force divestiture of nonbanking affiliates. The protection of the taxpayers was secondary. Little did anyone realize that one day the FDIC would become a potential trough at which fat cats could feed.
Imagine any investment with any loss the Federal Government
will make up to you.
http://www.businessinsider.com/fed-considering-buying-more-mortgage-bonds-2011-10
That’s the obvious thing here.
What is less obvious is more historic.
In the 1930′s the super wealthy ran out of good credit risks
for maintaining their returns and relied on unqualified borrowers
until the music stopped playing.
Our present experience is the same except the risk was sold and
even shorted.
It is very obvious now the super wealthy — including for all I
might imagine the Koch Bros. (remember Hunt / silver?) — are heavily into the short side.
When Mr. Geithner says the U.S. will backstop the credit derivative risk
instead of letting failure occur where there is no substitute, and
the ultimate figure is in the tens of trillions of dollars, he
may be trying to prevent none other than the meek inheriting the Earth.