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The lack of prosecutions in cases of financial fraud and other cases of wrongdoing after the financial crisis of 2008 by both the Justice Department and the S.E.C. in the U.S. Both agencies of the U.S. government have preferred an approach that does not name executives as defendents and works with the company or financial institution, in many situations having the firm committing the wrongdoing conduct its own investigation.This has led some to question the deterrent effects of this approach. This is particularly important considering the possibility of recurring behaviour in a future crisis. Cozy relations between financial institutions and government agencies and government departments in the U.S. was a key feature of the system before the financial crisis of 2008.

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Applebaum talks to two researchers at the University of Chicago and Princeton, Prof. Sufi and Prof. Mian, on the record of U.S. president Obama and Fed chairman Bernanke in helping homeowners facing foreclosure and underwater borrowers, comparing that record with their record in helping the banks. The issue is relevant as the policy and handling of homeowners had to be part of an overall effective plan for recovery in the U.S. economy, because ultimately without the U.S. consumer any recovery would be weak in the long run- a situation the U.S. faces in early 2014. The response to the issue of irresponsible homeowners borrowing beyond the limit without an equally robust response to irresponsible bank management that allowed wildly excessive leveraging of assets, and successful aggressive lobbying by banks in a shortsighted policy of going through with a wave of foreclosures; besides creating questions of fairness and equitable handling of the problem, also had major ramifications for the future of the U.S. and global economic growth. Here Christina Romer and other administration advisors say Bernanke was right in tackling the problem from the perspective of the banks needing to be recapitalized. Thoughtful advisors looking at the entire problem, Martin Feldstein and Sheila Bair strongly pushed for providing the same help to homeowners without getting caught up in the issue of who was responsible home buyers or the banks, and looking at the interests of the U.S. economy and the U.S. people. Proposals by Feldstein and Bair were equally robust in helping banks as they were in helping homeowners, only the banks understood their interests narrowly and had more access to policymakers in the Bush, as well as the Obama administration, Paulson as well as Geithner. This leaves us with the ultimate irony of the Obama administration pushing for the minimum wage, even to the point of electoral posture, when lasting damage had been inflicted on homeowners from the weaker portions of America's middle class by a policy that went against what two respected financial and economic experts from the Reagan period, Sheila and Bair had strongly advocated. See links and groups on Feldstein and Bair. Applebaum has followed most aspects of this problem closely and continues to provide exceptional reporting including the piece on the thinking of new Fed chairman, Janet Yellen. Private enterprise rules that require management at banks just as for other companies to take responsibility for failures, and be replaced with new management, was largely avoided leading to a fundamental failure in how a free market economy such as the U.S. and western European economies are supposed to function. Rules aggressively pushed by Geithner's mentor Treasury Secretary Rubin for a vigorous cleanup at banks in South Korea during a similiar situation in 1997, were not followed in any way here, also setting wrong precedents for the long run. ...

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Paul Barrett of Business Week reviews McLean and Nocera's new book on the financial crisis; "All the Devil's Are Here." The title takes a line from The Tempest- "Hell is empty. All the devils are here." McLean and Nocera focus on securitization, the credit-ratings that were improperly given, and the chicanery of bankers, mortgage issuers and others behind the idea that every American should be able to have a home. Attention is also focussed on the loose monetary policy of the Greenspan era, with Greenspan airily dismissing all concerns, including concerns about the growing trade deficit with China. Barrett asks, what about the future? Barrett says the Bernanke easy monetary policy risks making the mistake a second time, and in all probability the devils will be coming back again in some other form.

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Fitch Ratings Agency says that 65-75% of homeowners getting home loan modifications under the Obama administration's Home Affordable Loan Modification Program (HAMP) will default in 12 months. This is because the median ratio of total debt payments to pretax income is about 64% according to a Treasury Department estimate. Many of these homeowners have large credit card and other debt, and little is left for food, clothing and other expenses. By April 2010, 295,000 homeowners had taken loan modifications under HAMP, which provides interest rates of as low as 2%. And another 637,000 homeowners are in trial modifications, which require that homeowners show they can make the lower payments consistently and provide documets to show eligibility. The Obama administration has provided $50 billion for the HAMP program, with financial incentives to loan servicers and mortgage investors to modify loans. Critics say the program would have worked better if the government and HAMP dealt directly with homeowners- as homeowners complain about the long time, upto a year, it takes for loan servicers and mortgage companies to get the loan modified on a long-term basis....

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Government data show that the German GDP declined by 0.5% in the thrid quarter after declining 0.4% in the second quarter. IMF predicts GDP decline of 0.8% in 2009. Germany's recession look like the worst in Europe except for the UK which has many of the same problems as the US economy. Germany's housing market has seen prices grow by almost zero in the last 10 years and German consumers are not in debt so Germany felt fairly immune to the troubles facing the US and the UK and Spain. But Germany is a big exporter and it has become more dependent on exports in the last 10 years. Exports account for 41% of GDP and CHina sucked up alot of machinery exports from Germany and China is in the midst of a drastic slowdown. In fact for the first time China is seeing a decline in monthly electricity output. And China's GDP growth rate may go from 12% to the range of somewhere around 6% in 2009, considering that Chinese export factories are closing down as the USA its main export market is seeing a rapid slowdown. Its already reached 9% and the slowdown is just beginning as the US market is also at the beginning of its slowdown. As the US market declines further in 2009 China's export factories will face a further decline in orders. Comparing the US at 10%, Japan at 20% and Germany at 41% of GDP one can see how heavily dependent the Germans have become on exports, especially with Asia's booming economies sucking up German exports. New orders for German goods declined by 18% from their peak in November 2007. And this is just the beginnning. So German unemployment is expected to increase. Its true that German banks invested heavily in mortgage related securities and other risky assets abroad, and the international financial crisis has led to a bailout fund of 500 billion euros setup by the German government. But Bundesbank figures show that what is causing the drastic contraction is the drop in investment spending as loan demand has dropped. ...

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R.E.O. is lingo for "Real Estate Owned," the term for homes taken in by banks that are from foreclosures. Reomac is the industry group that specializes in the sales of such homes. And "REO tsunami" refers to the flood of some 700,000 bank properties now on the market nationwide. Therre were just 100,000 in 2006. In February, nearly 45% of the home sales natinwide were called short sales in which homeowners under duress sell a property for less than their mortgage, according to the National Associaiton of Realtors. These sales have worsened a natiowide decline in home values, as REO homes typically sell at a 20% discount. Reomac just held its 2009 conference at Palm Desert. The extravagance and the excess at the conference is amazing considering that the whole country is facing this crisis and California is one of the hardest hit states. From the way people are trying to get these properties one could not imagine that the rest of the country is going through a crisis, and millions in developing countries might at this very moment be plunged below the poverty line!...

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Half of the 109 economists and housing analysts polled in October 2010 by MacroMarkets LLC, expect home prices to bottom in 2011, and half don't expect home prices to bottom till 2012. Backing this up is growing inventory in many markets. The Wall Street Journal's latest quarterly survey of housing market conditions in 28 major metropolitan areas showed inventories of unsold homes were up in 19 markets at the end of 3rd quarter 2010, compared to the prior year. The largest increases were in California- in Los Angeles, Sacramento and San Diego. Only parts of Texas, and Washington D.C, and some other areas which have shown decent job growth are an exception. In the Realtor's Report, median home price fell 2.4% to $171,700 in September 2010 from a year earlier. This data does not include the suspension of foreclosures due to title defects, which will further dampen prospects of a recovery in housing. This will affect New Jersey, Florida and other "judicial" states, where the banks must complete foreclosures through court. At the current sales pace it would take 10.7 months to sell the 4.04 million home inventory of unsold homes, according to the recent NAR report. Six to eight months is considered normal. This does not reflect the "shadow" inventory of homes in some stage of foreclosure, which is estimated at around 4 million, creating a problem that even current low rates for a fixed rate mortgage of 4.21% cannot solve....

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The New York Times reports from the comments of current and former members of the Chase Chief Investment Office (CIO), that risk officers at Chase were ignored when they raised issues about the complex trades made by trader Iksil. Iksil's trades had the support of his manager Mr. Macris, and Ms. Drew who was in charge of CIO. The comments also indicate that at one point Mr. Macris brought in a Risk Officer with whom he had worked closely for many years. Risk Officers are supposed to be independent and their concerns seriously heard, with the authority to halt trades that pose excessive risks. Which made this kind of cozy behaviour in the CIO trading offices in London cause for alarm. These reports also say Mr. Braunstein, the new CFO at JP Morgan Chase, did not strengthen controls after he assumed office in 2010. Bank officials disputed this. The New York offices did not fully grasp the complex trades being made in the CIO London offices, and upper management let the CIO operate pretty much on its own, especially with CEO Jamie Dimon's confidence in Ms. Drew's management of the CIO. This led to another gap in the process of risk management. Dimon had other priorities and distractions, from problem mortgages coming with the acquisition of Washington Mutual, pushing back aginst financial regulation after the 2008 crisis, stress tests and others. At the same time the U.S. Federal Reserve, regulators, and Treasury's coordinated effort to merge failing banks with other larger banks- because of the lack of the process of unwinding failed banks provided later under Dodd-Frank legislation- created mega financial banks. Unlike what the U.S. under Treasury Secretary Rubin pushed for in the case of S. Korea during a banking crisis in 1997, Treasury under Geithner and Fed officials did not push for unwinding of failed financial institutions such as Countrywide and Washington Mutual in 2008-2009 Chase's own portfolio of assets under the CIO, increased by an astounding amount from $76 billion in 2007 to $356 billion in 2011. Even if Ms Drew had managed CIO well before, managing a portfolio of this size is most likely to have presented a whole set of new challenges and problems for which the CIO office was not prepared. Similiar concerns were raised by other Fed officials such as Fed governors, Hoenig and Fisher, who raised the issue that such mega-banks posed unacceptable risks and were too big to manage. Pressures to increase investing profits, growing complacency, relaxing risk management controls, led to the situation where a single trader Mr. Iksil, who had only joined the bank in 2007 according to other reports, could create large losses. This follows a situation at UBSin 2011, where a novice trader made bets that resulted in large losses....

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Attorneys in al 50 states are investigating foreclosures. This will increase the uncertainty for banks in addition to other short term losses.

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Its not so much about the repeat of the Great Depression, but of a lost decade like that in Japan, or some variation of a very difficult economy. Especially if the jobs picture worsens, the dollar weakens, and the Fed's exit strategy from quantitatve easing is ineffective and leads to further declines.

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Glen Hubbard, who was Chairman of the Council of Economic Advisors under President George W. Bush and is now Dean of Columbia University Business School, Hal Scott professor of International Fiancial Systems at Harvard Law School, and Luigi Zingales professor of finance at the University of Chicago Booth School of Business, say a different plan of action is needed from what the Obama administration is doing to tackle the banking crisis. They are really skeptical about the the Public Private Investment Program and other plans put forth upto now for several reasons. First, in every case they say there is a lot of carrot but very little stick, and this won't work. TARP program was mostly carrot, with Treasury getting back securities worth $78 billion less than the $254 billion invested, as pointed out by the Congressional Oversight Panel.The FDIC's guarantee of short term debt was worth $100 billion just for the original nine TARP participating banks, and the mortgage related asset guarantees offered Citibank and Bank of America were worth tens of billions. They see anew round of TARP injections with the conversion of the government's preferred stock into equity after release of the stress test results. Then there is PPIP the Public Private Investment Program, and its plans to subsidize the purchase of bank's"toxic assets" by hedge funds and other investors. They estimate the government will spend $2 for every $1 the private sector puts up. And even with this subsidy their thinking is that the probability of succes is low for the same reason that has prevailed since the earlier efforts by Treasury Secretary Paulson- there is just too big a gap between the bid and ask prices on the toxic assets, and add to that the reluctance of investors to partner with the government. Its time for more stick say these experts as the problem of toxic assets, and of credit and lending in the economy, will hang like a large shadow over the economy, as long as these tough problems are not wrestled with. This is the Hubbard-Scott-Luigi Plan: 1) The FDIC should announce that its guarantees of short term debt set to expire in October will not be renewed. Insolvent banks, defined not by stress tests but as those that cannot fund themselves in the private market, will be taken over by the FDIC under aclear and credible action plan. 2) The FDIC lacks the resources to run several large and complex banks which may become insolvent. And waving the idea of nationalization the creditors may try to get the government to bail them out. The authors of this plan say the FDIC should solit each bank into a "bad bank" and a "good bank." The "bad bank" would carry all the residential and commercial real estate loans and securitized mortgages as assets, and all the long term debt as liabilities. THe "bad bank" would obtain along term laon from the good bank to fund the assets of the bad bank. Al the remaining assets including the derivative contracts and the loan to the bad bank would be assets of the good bank. It would also have all the insured deposits and the FDIC guaranteed short term debt as liabilities. With the split accomplished the good bank can be released from FDIC receivership. 3) The long term debt holders would be compensated by receiving all the equity of the good bank. The old shareholders would get the equity in the bad bank. And in any restructuring bondholders should do better than equity holders. If banks are not really insolvent as some say and just facing temporary dislocations, then the bad bank will eventually surge in value, and the equity holders will do alright, and if not they will receive nothing as they should. 4) For this to work legislation needs to take effect before October for FDIC procedures for handling failed banks to be also applicable to bank holding companies. And this new legislation puts no new cost on the taxpayer....

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The Home Affordable Refinance Program's (HARP) gradual success in 2012-2013 in reducing foreclosures, after struggling in 2010-2011. From about cumulative 1 million who refinanced loans under HARP for relief in home payments the numbers went up to close to 3 million by the end of 2013, according to the Federal Housing Finance Agency. Of this a major proportion were people who owed less than 105% of their home's value. The performance of the program improved with a revamp of HARP at the end of 2011.

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Bad loans in Spain's banking system reached a high of 8.16% of total loans by banks in Feb. 2012, according to the Bank of Spain. The total amount of bad loans was 144 billion euros.

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Risks that Bankia bank poses to Spain's banking system as more capital needs to be set aside for losses from the housing bubble.

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About 680,000 homeowners applied for the Home Affordability Modification Program, or HAMP, and had their loans modified so that their mortgage payments are reduced. This is only one in four of the 2.7 millon homeowners who tried to to join the program. This according to a Wall Street Journal analysis of data released by the Treasury Department. In 2009 the Obama administration launched the program to reverse the rising home foreclosures in the U.S., by reducing the monthly mortgage payments through lower interest rates and extending the term of loans. About $75 billion was estimated as the cost of the program at the time. Only $1 billion of this has been spent by the Obama administration. The program offered payments to 100 mortgage servicers as inducement to complete loan modifications. About half the applicants or 1.3 million were declared ineligible from the beginning, and the program used stricter qualification criteria than loan modification programs offered by individual banks. Applicants were rejected because the necessary paperwork was not submitted or it was lost by the mortgage company- 266,000 falling in this category. An additional 770,000 homeowners who started the program were later disqualified mostly for the paperwork and eligibility problems, with only a small number rejected for failing to make trial payments. Mortgages less than 31% of pretax income were considered affordable and considered ineligible-255,000 were in this category. Over 80% of homeowners in the southern states of Arkansas, Louisiana, Oklahoma, Texas, Alabama, Kentucky, Mississippi, and Tennessee, received no loan modification....

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Countrywide and Mozilo, Raj Rajaratnam and Galleon hedge fund, and the Madoff prosecutions. Nocera says the Galleon hedge fund prosecutions do not extend to others who benefitted or had knowledge of what was happening, as has happened in the Madoff case. In the case of Mozilo and Countrywide little has happened to deter future behaviour.

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Spotlight on Bernanke Fed and crisis management. What is different about this crisis and what is the Fed doing about it, and the role of Treasury under Paulson, to restore investor and markets confidence while continuing good macro policies such as the focus on inflation and longer term financial goals.