Financial Crisis Legislation - Details

Fern

Elite Member
Sep 30, 2003
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Edit #2: Please don't anybody quote the whole damn post when replying, it's too dang long

Link

(Edit #1: I note this copy I found is labeled "Draft for Discussion Purposes", so I can't be 100% sure this is exactly what they are discussing/voting on. I.e., could be other provisions inserted.)

the Secretary shall publish program guidelines, including the following:
(1) Mechanisms for purchasing troubled assets.
(2) Methods for pricing and valuing troubled
assets.
(3) Procedures for selecting asset managers.
(4) Criteria for identifying troubled assets for purchase.

Whoah! So the Secretary of the Treasury gets a butt-load of authority and leeway here. I understood that this was a complaint about the initial Paulson proposal. Seems he still has it.

So, this bill leaves open how these securities are to be priced?? (I think this should generate loads of discussion among finacial professionals - however there are none in Congress :) )

And the SoT has the ability to hire outside people to manage the securities purchased by the DoT?

And he gets to decide whose troubled assets are pruchsed?

This is why it is a really really *Good Thing* to be friends with the Secretary of Treasury ;)

Hehe, I would think that the Dems like this bill more than the Repubs. Whoever is in line under Obama to be SoT must be salivating, same with any of his friends in the finance profession.

purchases under the authority of this Act,

the Secretary shall take such steps as may be necessary to prevent un- just enrichment of financial institutions participating in a program established under this section, including by pre- venting the resale of a troubled asset to the Secretary at a higher price than what the seller paid to purchase the asset. This subsection does not apply to troubled assets
acquired in a merger or acquisition, or a purchase of assets from a financial institution in conservatorship or receivership, or that has initiated bankruptcy proceedings under title 11, United States Code.

^ This safeguard sounds like a good idea, too bad there's an enormous loophole in it. But I think only securities held before march '08 qualify, but anybody who bought, through bankruptcy or acquired in a merger before then can sell to the Treasury at a profit. Why is this loophole there? "Friends of Paulson"?

SEC. 102. INSURANCE OF TROUBLED ASSETS

(1) IN GENERAL.?If the Secretary program authorized under section
Secretary shall establish a program troubled assets, including mortgage-backed
issued prior to March 18, 2008.

^ Well, this was suggested as an alternative to the *buy out*, looks like they threw this in so now we have BOTH a buy-out and an insurance program.

(c) SALE OF TROUBLED ASSETS.?The Secretary may, at any time, upon terms and conditions and at a price determined by the Secretary, sell, or enter into securities loans, repurchase transactions, or other financial transactions in regard to, any troubled asset purchased under this Act.

^ Could be some real profit in here for someone getting a deal from the DoT when buying these things

The Secretary shall coordinate, as appropriate, with foreign financial authorities and central banks to work toward the establishment of similar programs by such authorities and central banks. To the extent that such foreign financial authorities or banks hold troubled assets as a result of extending financing to financial institutions that have failed or defaulted on such financing, such troubled assets qualify for purchase under section 101.

^ Oh great :thumbsdown: looks like we'll be buying OTHER countries crappy investments. Let's bail out the whole world!!!!

SEC. 132. SUSPENSION OF MARK-TO-MARKET ACCOUNTING.
AUTHORITY.?The Securities and Exchange Commission shall have the authority under securities laws (as such term is defined under section 3(a)(47) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)(47)) to suspend, by rule, regulation, or order, the application of Statement Number 157 of the Financial Accounting Standards Board for any issuer (as such term is defined in section 43(a)(8) of such Act) or with respect to any class or category of transaction if the Commission determines that is necessary or appropriate in the public interest and is consistent with the protection of investors.

(See the WSJ article below) ^ This was another alternative suggested to avoid having to buy-out these securities. While I'm glad to see this is being looked at, I note we now have (1) a buy-out + (2) an insurance program + (3) the mark-to-market rule change.

SEC. 133. STUDY ON MARK-TO-MARKET ACCOUNTING.
(a) STUDY.?The Securities and Exchange Commission, in consultation with the Board of Governors of the Federal Reserve System and the Secretary of the Treasury, shall conduct a study on mark-to-market accounting standards as provided in Statement Number 157 of the Financial Accounting Standards Board, as such standards are applicable to financial institutions, including depository institutions. Such a study shall consider at a minimum?
(1) the effects of such accounting standards on a financial institution?s balance sheet;
(2) the impacts of such accounting on bank failures in 2008;
(3) the impact of such standards on the quality of financial information available to investors;
(4) the process used by the Financial Accounting Standards Board in developing accounting standards;
(5) the advisability and feasibility of modifications to such standards; and
(6) alternative accounting standards to those provided in such Statement Number 157.

Link

The current meltdown isn't the result of too much regulation or too little. The root cause is bad regulation.

Call it the revenge of Enron. The collapse of Enron in 2002 triggered a wave of regulations, most notably Sarbanes-Oxley. Less noticed but ultimately more consequential for today were accounting rules that forced financial service companies to change the way they report the value of their assets (or liabilities). Enron valued future contracts in such a way as to vastly inflate its reported profits. In response, accounting standards were shifted by the Financial Accounting Standards Board and validated by the SEC. The new standards force companies to value or "mark" their assets according to a different set of standards and levels.

The rules are complicated and arcane; the result isn't. Beginning last year, financial companies exposed to the mortgage market began to mark down their assets, quickly and steeply. That created a chain reaction, as losses that were reported on balance sheets led to declining stock prices and lower credit ratings, forcing these companies to put aside ever larger reserves (also dictated by banking regulations) to cover those losses.

I do note that there is quite a bit of oversight provided for in the bill, including an inspector general looking over the SoT shoulder. We'll see how effective it is (or maybe we won't, this stuff is complicated and would be very difficult to trace).

There are many other provisions, I only listed those most interesting to me. I did not see any pork though, nor any ACORN provision.

BTW, the buy-out still has the $700 billion limit, I thought they wanted that reduced?

^This is from a very quick *read* of the thing, it's 106 pages. Probably a lot I didn't pick up in my skimming of the thing, might be wrong about some of my concerns too. But $700B is a lot of money, and seems to me there is a lot of opportunity for many outside of government to profit, whether it be selling these at a profit (loophole above), or getting contracts to manage the mortgages, or buying from the Treasury and selling higher etc.


Cliffs? (badly needed but I've no time now - sorry :) )

Fern
 

MustISO

Lifer
Oct 9, 1999
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That money is going to be pissed away so many different ways it'll take a congressional hearing to figure out what happened.
 

JS80

Lifer
Oct 24, 2005
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After Enron, SOX, it ends up mark to market is the cause of the demise of the credit markets.
 

Fern

Elite Member
Sep 30, 2003
26,907
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Originally posted by: JS80
After Enron, SOX, it ends up mark to market is the cause of the demise of the credit markets.

It does seems to be a big part of it, but why are they so hell-bent on giving Wall Street $700Billion?

This bill allows that problem (mark-to-market) to be corrected (as well as establishing insurance), yet for some reason the *Powers That Be* seem determined to offer the $700B buy-out for Wall Street?

I've heard no good reason why WS itself cannot handle this problem themselves.

If they claim the problem is the *mark-to-market* rules, yet refuse to accept that correction as the solution; I'm suspicious we're just hearing bullshit my friends.

Fern
 

smack Down

Diamond Member
Sep 10, 2005
4,507
0
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Originally posted by: Fern
Originally posted by: JS80
After Enron, SOX, it ends up mark to market is the cause of the demise of the credit markets.

It does seems to be a big part of it, but why are they so hell-bent on giving Wall Street $700Billion?

This bill allows that problem (mark-to-market) to be corrected (as well as establishing insurance), yet for some reason the *Powers That Be* seem determined to offer the $700B buy-out for Wall Street?

I've heard no good reason why WS itself cannot handle this problem themselves.

If they claim the problem is the *mark-to-market* rules, yet refuse to accept that correction as the solution; I'm suspicious we're just hearing bullshit my friends.

Fern

It really has nothing to do with the problem. The right just has to blame regulations that is what they do.
 

StageLeft

No Lifer
Sep 29, 2000
70,150
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Originally posted by: smack Down
Cliff notes:
The bill makes paulson a defacto dictator.
He should already have resigned. I've no clue why the guy who was completely broadsided by this is now being looked on as the leader to save it. Absolutely fvcking beyond me. I am just too stupid to understand it. He has no leadership in this particular crisis and should be resigning. The damn pussy already knelt down like he was begging his queen for leniency and please don't hack off my head. It's absolutely pathetic. This is disgusting!

I actually do hope it's rejected again, but it won't be.

 

Fern

Elite Member
Sep 30, 2003
26,907
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Originally posted by: smack Down
Originally posted by: Fern
-snip-

It really has nothing to do with the problem. The right just has to blame regulations that is what they do.

Actually, I think it does.

SOX has bothered me in the past (professionally), but for different reasons (raising money in an IPO).

While I'm not in the banking profession, I am somewhat aware of their regulations, the write-downs required by SOX are universally (both Libs & Conservatives) recognized as a problem here.

My point is that if we all recognize that is a major part of the problem (declining real estate values the other), WHY after correcting it must we still buy $700B of their crappy assets to rescue their a@@es?

Fern
 

LegendKiller

Lifer
Mar 5, 2001
18,256
68
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Originally posted by: Fern
Originally posted by: smack Down
Originally posted by: Fern
-snip-

It really has nothing to do with the problem. The right just has to blame regulations that is what they do.

Actually, I think it does.

SOX has bothered me in the past (professionally), but for different reasons (raising money in an IPO).

While I'm not in the banking profession, I am somewhat aware of their regulations, the write-downs required by SOX are universally (both Libs & Conservatives) recognized as a problem here.

My point is that if we all recognize that is a major part of the problem (declining real estate values the other), WHY after correcting it must we still buy $700B of their crappy assets to rescue their a@@es?

Fern

AFAIK, the writedowns aren't required by Sox, they are required by FAS157/133, which isn't under Sox, but are under the purview of FASB. FASB has brought us other great inventions, such as FAS140, which has done nothing but create more problems. It also was a response to Enron's use of SPEs to hide assets.

M2M is only part of the problem. You can't suddenly revalue the assets up and expect everything to be peachy. Banks still need to increase capital ratios and the market still needs liquidity.
 

Fern

Elite Member
Sep 30, 2003
26,907
174
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Originally posted by: LegendKiller
Originally posted by: Fern
-snip-

AFAIK, the writedowns aren't required by Sox, they are required by FAS157/133, which isn't under Sox, but are under the purview of FASB. FASB has brought us other great inventions, such as FAS140, which has done nothing but create more problems. It also was a response to Enron's use of SPEs to hide assets.

M2M is only part of the problem. You can't suddenly revalue the assets up and expect everything to be peachy. Banks still need to increase capital ratios and the market still needs liquidity.

I'll check into FASB 157/133.

But just for giggles, try imagining restated prior period financials recast without M2M rules (as well as current ones)?

But if the writedowns aren't required by SOX, they've fusked up this legislation; so how can they be trusted with any of it?

Fern
 

Juddog

Diamond Member
Dec 11, 2006
7,851
6
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Ugh... the biggest problem with the bailout is the question of oversight. You know that there are going to be people walking out of this making stupendously large profits by exploiting loopholes in the legislation.
 

LegendKiller

Lifer
Mar 5, 2001
18,256
68
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Originally posted by: Fern
Originally posted by: LegendKiller
Originally posted by: Fern
-snip-

AFAIK, the writedowns aren't required by Sox, they are required by FAS157/133, which isn't under Sox, but are under the purview of FASB. FASB has brought us other great inventions, such as FAS140, which has done nothing but create more problems. It also was a response to Enron's use of SPEs to hide assets.

M2M is only part of the problem. You can't suddenly revalue the assets up and expect everything to be peachy. Banks still need to increase capital ratios and the market still needs liquidity.

I'll check into FASB 157/133.

But just for giggles, try imagining restated prior period financials recast without M2M rules (as well as current ones)?

But if the writedowns aren't required by SOX, they've fusked up this legislation; so how can they be trusted with any of it?

Fern


Aren't the write-downs required by FAS157/133, but the disclosure of the writedowns, methodologies, and accountant's opinions, as well as certification by the executives, required under SOX?

One is about methodology (FAS), while the other is about reporting on the results of the methodology (SOX).
 

mshan

Diamond Member
Nov 16, 2004
7,868
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Paulson Special Investment Vehicle Bailout redux: video

If that Business Pundit cartoon The Subprime Primer is correct, looks like taxpayers are going to be overpaying for the absolute crappist lowest trauche of stuff that investment banks knew they couldn't sell to anyone else and put offshore and off balance sheet in the Cayman Islands using SIVs.

Same Old Paulson SIV Bailout, version 2008: video

Looks like real fixes are going to have to wait till after the election, but what an extra burden for taxpayers, with I think no retroactive accountability legally or otherwise.

This is probably truly going to be the mother of all Golden Parachutes ever and is oh so appropriate for the most corrupt administration in U. S. history...


 

SP33Demon

Lifer
Jun 22, 2001
27,928
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Originally posted by: mshan
Paulson Special Investment Vehicle Bailout redux: http://www.cnbc.com/id/15840232?video=874100965&play=1

If that Business Pundit cartoon The Subprime Primer is correct, looks like taxpayers are going to be overpaying for the absolute crappist lowest trauche of stuff that investment banks knew they couldn't sell to anyone else and put offshore and off balance sheet in the Cayman Islands using SIVs.

Same Old Paulson SIV Bailout, version 2008: http://www.cnbc.com/id/15840232?video=872909280&play=1

Looks like real fixes are going to have to wait till after the election, but what an extra burden for taxpayers, with I think no retroactive accountability legally or otherwise.

It truly is the mother of all Golden Parachutes ever and is oh so appropriate for the most corrupt administration in U. S. history...
Yup, another Shock and Awe generated by the administration. When will this country realize that they're being duped through one of the most basic, primal emotions (fear)? Why not deliberate for another 2 weeks on something this big? Also, if we're giving THAT much power to the Treasury, why not just create a national bank? /shakeshead.

 

NoStateofMind

Diamond Member
Oct 14, 2005
9,711
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This is basically a bank being created here guys. There is no limit on this "bailout". They can dole out as much as they wish albeit by time stamp measures.

10 (a) AUTHORITY.?The authority of the Secretary to
11 purchase troubled assets under this Act shall be limited
12 as follows:
13 (1) Effective upon the date of enactment of this
14 Act, such authority shall be limited to
15 $250,000,000,000 outstanding at any one time.
16 (2) If at any time, the President submits to the
17 Congress a written certification that the Secretary is
18 exercising the authority under this paragraph, effective
19 upon such submission, such authority shall be
20 limited to $350,000,000,000 outstanding at any one
21 time.
22 (3) If at any time after obligations of amounts
23 described in paragraphs (1) and (2) have been made,
24 the President transmits to the Congress a written
25 report detailing the plan of the Secretary to exercise
51
O:\AYO\AYO08B94.xml [Discussion Draft]
1 the authority under this paragraph, unless there is
2 enacted, within 15 calendar days of such submission,
3 a joint resolution described in subsection (c),
4effective upon the expiration of such 15-day period, such
5 authority shall be limited to $700,000,000,000
6outstanding at any one time.

So by himself the Paulson can release $250 billion at any ONE time. With the help of a presidential signature he can use $350 billion at any ONE time and with Congress (stated in subsection (c) below) up to $700 billion at any one time.

(c) FAST TRACK CONSIDERATION.?
13 (1) IN GENERAL.?Notwithstanding any other
14 provision of this section, the Secretary may not
15exercise any authority to make purchases under this Act
16 with regard to any amount in excess of
17 $350,000,000,000 previously obligated, as described
18 in this section if, within 10 calendar days after the
19 date on which Congress receives a report of the
20Secretary described in subsection (a)(3), Congress
21enacts a joint resolution disapproving the plan of the
22 Secretary with respect to such additional amount.

So basically Paulson can do whatever the fuck he wants with $250 billion inside 10 days. I see no limits. We could reach a vastly larger amount than previously stated ($700 billion). I do not trust this crap at all. Looks like a liscense to spend.
 

Fern

Elite Member
Sep 30, 2003
26,907
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such authority shall be limited to $700,000,000,000
outstanding at any one time.

The way I interpret the above, the Treasury can only hold a maximum of $700 billion of these assets at any one time.

But because the Treasury can sell them, they can potentually *churn* these assets in amounts far greater than $700B. (Buy $700B, sell $500, buy $500M more, and so on)

Now that I think of it, I would have suggested a maximum loss on the purchase/sale of these things be put into the bill. Theoretically, I see no limit to the amount of money we could potentially lose.

Fern
 

mshan

Diamond Member
Nov 16, 2004
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"Buffett is buying $3 billion of General Electric Co. preferred shares. The perpetual preferred stock carries a dividend of 10 percent, similar to the terms Buffett struck with Goldman Sachs."
Link

Interesting that it sounds like Paulson wants to buy up the absolute worst crap off balance sheet Special Investment Vehicles (SIV) tucked away in the Cayman Islands from investment banks that didn't even bother attempting to try and sell this stuff because it was so crappy, and yet he won't follow Buffet's lead and inject capital through purchase of preferred shares, ahead of any and all current shareholders. This may be the crap that marks to market at $0.20 on the dollar, and from some off hand comments I've seen on CNBC, really might only be worth say $0.30 - $0.35 even at fair value. I bet they even let all of the private vulture fund money waiting on the sidelines swoop in and take the stuff that is really worth $0.65 on the dollar and make off like bandits down the road.

IMO, all of this talk that we'll make money is bs. If you listen carefully to what politicians say, it sounds like we'll may get most of our money back (Barney Frank may have slipped on PBS last week when he specifically used that word "most"), or possibly with warrants nominally break even (Is this, in the best case, essentially going to be a $700 billion interest free loan to take the absolute crappiest stuff from investment banks that were central facilitators in this whole fiasco?).

 

Craig234

Lifer
May 1, 2006
38,548
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Originally posted by: mshan
"Buffett is buying $3 billion of General Electric Co. preferred shares. The perpetual preferred stock carries a dividend of 10 percent, similar to the terms Buffett struck with Goldman Sachs."
Link

Interesting that it sounds like Paulson wants to buy up the absolute worst crap tucked away off balance sheet Special Investment Vehicles (SIV) in the Cayman Islands from investment banks that didn't even bother attempting to try and sell this stuff because it was so crappy, and yet he won't follow Buffet's lead and inject capital through purchase of preferred shares, ahead of any and all current shareholders. This may be the crap that marks to market at $0.20 on the dollar, and I'm from some off hand comments I've seen on CNBC, really might only be worth say $0.30 - $0.35 even at fair value. I bet they even let all of the vulture fund money waiting on the sidelines swoop in and take the stuff that is really worth $0.65 on the dollar and make off like bandits down the road.

IMO, all of this talk that we'll make money is bs. If you listen carefully to what politicians say, it sounds like we'll may get most of our money back (Barney Frank may have slipped on PBS last week when he specifically used that word "most"), or possibly with warrants nominally break even (Is this, in the best case, essentially going to be a $700 billion interest free loan to take the absolute crappiest stuff from investment banks that were central facilitators in this whole fiasco?).

Why is there so much assumption Paulson is not the fox guarding the henhouse, when all the evidence suggests he is? That his agenda isn't to give tax dollars to his cronies?
 

Pliablemoose

Lifer
Oct 11, 1999
25,195
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Man, they crammed a bunch of shit in the Senate's bill, like reducing the excise tax on freaking arrows.

SEC. 503. EXEMPTION FROM EXCISE TAX FOR CERTAIN WOODEN ARROWS DESIGNED FOR USE BY CHILDREN.
 

mshan

Diamond Member
Nov 16, 2004
7,868
0
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Would you like some ketchup and mustard with that Paulson crap-burger?
Maybe be trying to buy off constituents in those districts where those 12 individual house members previously voted no? (maybe there are specific earmarks for each Republican district where they need someone to flip from no to yes)

 
Sep 29, 2004
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Originally posted by: newnameman
What are you worrying about, we can trust Paulson, he's a banker.

Goldman Sachs Chief Operating Officer from December 1994 to June 1998.

You do realize that that particular institution is doing quite alright right now. That means that he might know what he is doing. And giving him alot of power might be a good thing since those that are more corrupt might actually cause problems down the road? And Paulson might actually do things as a long term fix?


You people need to stop reading articles and consider what the two possible paths that will be followed are. Think about it on your own and don't ignore the idea of frozen credit markets.
 
Sep 29, 2004
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When Warren Buffet says this bailout is needed (to prevent VERY bad things from happening), why do so many here think they know more and that this is rooted in some sort of conspiracy?

Also, when does this vote start?