Tag: banking regulations

Occupy Wall Street Raises Concerns about Banks

As support for the Occupy Wall Street protests grows globally, some of the ideas that appear to power the movement are getting some level of understanding from surprising quarters. This week Wells Fargo CEO John Stumpf said, “I understand some of the angst and the anger. This downturn has been too long, unemployment is too high, and people are hurting. We get that,” according to a report in the Financial Times.

The New York Times reports that Citibank’s CEO, Vikram S. Pandit pointed out that the protesters’  “sentiments were completely understandable. I would also corroborate that trust has been broken between financial institutions and the citizens of the U.S., and that it’s Wall Street’s job to reach out to Main Street and rebuild that trust.” The protesters should hold Citi and others “accountable for practicing responsible finance and keep asking us about how we’re doing,” he added.

That Times article, however, opened by explaining  that lip service about such understanding by bankers in public can mask opposing sentiments expressed privately by other bankers that the protesters represent “ragtag” or “fringe” groups along with a rejection of protestors’ implicit critique of large banks.

While the protestors’ complaints span many issues – a core critique is that large banks and financial services companies, centered mostly around Wall Street, created the financial crisis when they took on excessive risks, then relied on huge taxpayer bailouts to save their companies and the entire financial system when those risky bets flamed out. Fallout from the crisis, according to this view, led directly to a deep and long recession, accompanied by unusually high unemployment, which has become a leading feature of a severely stunted economic recovery.

Much of the debate over the past and future role of financial services following the crisis has been the topic of articles by Knowledge@Wharton, including whether steps taken by regulatory bodies to prevent a similar meltdown will be effective.

Below are some of the more noteworthy pieces:

In a two-part video interview, Simon Johnson, a former chief economist for the International Monetary Fund and author of 13 Bankers: The Wall Street Takeover and the Next Financial Meltdown, argues that new U.S. legislation aimed to prevent a repeat of the recent financial crisis is not up to the job, and that the only effective cure for the problem of banks that are “Too Big To Fail” is to make them smaller. The Dodd-Frank Financial Reform Act does little to prevent the biggest financial risk of our time — banks that are becoming “too big to save,” argues Johnson, either because potential losses could overwhelm government resources, or because the public will not approve another round of large bailouts. Either way, the world economy could crash again.

Johnson added, “Over time, as we go through the cycle, we’re going to have the same sort of risk taking. Jamie Diamon [CEO and chairman of JPMorgan Chase] says you have financial crises every three to seven years. Hank Paulson [former Treasury Secretary] says its four to eight years. [Former Treasury Secretary] Larry Summers says four to nine years. Doesn’t matter, these big guys agree and they’re right, that you do it again because the system of incentives and the structure of these organizations are essentially unchanged.”

View the video interview here.

Nouriel Roubini, a professor at New York University’s Stern School of Business, agreed that “the problems of the financial system on Wall Street have not been resolved. People talk about Dodd-Frank, but have we really changed the system of compensation? Have we dealt with the corporate governance problem? Have we divided commercial banking and the more risky shadow banking and investment banking? No. So that remains.” Knowledge@Wharton reported his comments in Unheeded Lessons: What Did We Fail to Learn from the Financial Crisis? – which was based on a recent conference, at Wharton.

And a current Knowledge@Wharton article – “U.S. Attorney Preet Bharara on Cleaning up Wall Street and the Thin Line between Confidence and Arrogance” outlines the views of a tough prosecutor of white collar crime on Wall Street. Bharara has earned a reputation for taking aggressive stands against white collar criminals, including the successful insider-trading prosecution of Raj Rajaratnam, billionaire founder of the Galleon Group. Rajaratnam, who was convicted of insider trading in May, was sentenced last week to 11 years in prison. In the article, Bharara noted that many suspected criminals on Wall Street are extremely intelligent people who are paid handsomely to assess risk for hedge funds or other financial groups. He said convictions and harsh sentences are designed to “convince rational business people that the risk is not worth it.”

Bharara also said he noticed a phenomenon within organizations of employees trying to stay as close as possible to the line between legal and criminal behavior in an effort to make as much profit as possible. “If that’s the way you are thinking about your business or decision-making process, you are bound to run afoul of regulators or prosecutors,” Bharara said. “Inevitably, bad things happen.” He urged leaders to build a culture that encourages employees to “ring the alarm bells early” if others are engaging in unethical or illegal behavior. He called employees who tolerate bad behavior enablers. “A lot of this is hard,” Bharara conceded. “It is hard to turn in friends.”

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Loss Leaders for Banks?

One of the latest changes to affect bank practices — and potentially profits — are new rules that seek to limit the scope of so-called relationship banking. A typical deal affected by the rules would be when the commercial lending arm of a large bank gives a corporate client a below-market interest rate on a loan. The reason for the discounted rate: The bank is angling to improve the chances of winning high-margin contracts for its investment banking division, where it would hope to more than make up for any discount.

That once-common practice is being challenged under rules put forth by the Financial Accounting Standards Board (FASB), according to the Financial Times.

Offering below-market interest rates causes banks to misprice risk, say those favoring restrictions on the practice. The financial institutions tend to believe that the kind of relationship banking in question is simply a way of making profits grow, and a discount in one area should not be counted as a loss if it is made up in another area.

Such pricing strategies are “not necessarily unethical,” notes Wharton accounting professor Catherine M. Schrand. “Lots of firms do it – think coupons. Stores offer coupons to get you to shop at their store. Once you are there, you also buy other items at the regular price. Overall, the store is better off by discounting one product.” But problems can arise when customer banking relationships are abused, Schrand adds, which can happen when a bank discounts one product “to gain access to ‘private’ information, which is against the law, or offers discounts with a side agreement about another transaction that should not be negotiated contemporaneously because of Chinese Walls (rules separating commercial from investment banking within the same institution). But engaging in those transactions is unethical (illegal) no matter what the accounting is.”

This latest debate centers on a basic accounting principle: How to account for the transaction price – whether in a purchase or a sale – that very often is the same as the “fair value” price that gets recorded on the books. This makes sense when transactions are “arms-length” — when there are no special, behind-the-scenes deals driving the transaction price lower or higher. And there are already rules out there that require all public firms, not just banks, “to disclose when a transaction price – e.g., the interest rate on debt – does not reflect fair value because it is not an arm’s-length transaction,” Schrand says.

The newest fair-value measurement rules go a step further and offer guidelines for “measuring the fair value of transactions at initiation.” And so, rather than “assuming that fair value equals the transaction price, except when the transaction is with a related party, the new rules basically require that fair value always be measured at initiation. Whenever it deviates from transaction price, firms must disclose why,” Schrand points out. That means the transaction price is no longer automatically “the fair value of the transaction at initiation.” This gives banks less flexibility in their accounting can lead to recorded losses.

“I am in the camp that knowing the ‘correct’ price for any given transaction is best,” Schrand says. Under the new rules, it does not appear the banks will have to “name names.” For example, they will have to report that they loaned a certain amount of money at below-market rates and that the fair value of the loans at initiation was something less than that original amount. The identity of the counterparty – or borrower —  “is not disclosed unless it is a related party.”

Wharton finance professor Richard Herring tends to agree. In principle, the new rules look like “good discipline,” he says. “Relationship lending is a term that can sometimes mask sloppy analysis. If lending at below-market rates is rational, it should be offset by higher profits in some other aspect of the relationship.”

That would be all well and good if all the transactions occurred in the same accounting period, he points out. “The problem that worries some banks, however, is that the cost may occur in an accounting period before the incremental revenue and so it may distort actual earnings. Put another way, the earnings would be positive if an appropriately longer accounting period were used.”

It is worth noting that FASB has recently reversed other plans to tighten some wide-ranging accounting rules for banks — most notably it abandoned an effort to force banks to mark loans on their books to market, according to the Financial Times article.

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