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The move by the US Fed to cover the deposits at the Silicon Valley Bank to limit the fallout of the bank's collapse on the US banking system. By taking the step that the bank posed a systemic risk the government's deposit insurance fund will cover all deposits at the two banks rather than the standard $250,000. Any losses will be covered by a special assessment on banks and there will be no cost to taxpayers.

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The Tory plan to abolish the Financial Services Authority will not go through under the new Liberal-Conservative coalition. The plan now is to give the Bank of England responsibility for banks and financial institutions that are big enough to create systemic risk and to oversee financial regulation. The coalition partners support a levy on banks to act as a buffer in future crises, and favor restricting bank bonuses. The Conservatives would tax bank size, and the Liberals would tax bank profits, but both share the goal of raising 1 billion pounds in this way. Vince Cable, Liberal Democrat party's Treasury person will now be business secretary at Treasury, and he favors breaking up the biggest banks, shrinking banks and separating retail and investment banking activities. This could happen under the new coalition, but it is likely to be preceded with some commission asked to look into it. The Liberals like to see less focus on London for the markets and banks owned by their customers as far as possible....

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Systemic risks from "too big to fail" and the pushback on capital reserve requirements that leave banks with lower reserves. Ewing describes the role of the president of the Swiss Central Bank, Mr Hildebrand, in setting rules for higher capital reserves for Swiss banks than that of other countries and the pushback from the banks resisting the new regulations. "He will never find another job in Switzerland," a Swiss newspaper Der Sonntag quoted one banker saying this about Mr. Hildebrand. Losses at Swiss bank UBS during the financial crisis and the $2 billion loss at a UBS trading desk in 2011 have created a new awareness of systemic risk at banks. During the financial crisis banks used an optimistic estimate of "risk weighted assets" which led to insufficient capital reserves in a crisis even as the banks were shown to be well capitalized. A sense that banks in Europe and the U.S. will continue to have insufficient capital reserves at 3-4% of assets under new rules and with the longer phase in times for the new Basel III regulations of reserves at 7% of assets to after 2016....

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Areas in the "too big to fail" part of Dodd-Frank U.S. financial reform legislation where work remains to be done to prevent a future crisis include: the creation of living wills by the largest banks so that they can be dismantled in an orderly fashion, and the designation of which banks are systemic risks by the Financial Oversight Stability Council. The FDIC and the Federal Reserve have yet to finalize the rules for creating "living wills" for large banks. The rules are expected to be finalized by fall 2011. The FOSC is working on the designations and what criteria to use for selecting the non-bank firms that pose systemic risks. Progress has been made at the FDIC by finishing several rules for implementing a new system to wind down a large failing bank. The FDIC is hiring staff for a new office that focusses specifically on large complex financial firms. Fed Governor Daniel Tarullo has led the effort for higher capital reserve requirements for U.S. banks, requirements that would be closer to 14% for capital reserves. In an editorial on June 16, 2011, the Wall Street Journal said that if the Federal Reserve is serious about controlling systemic risk then it should support capital reserve requirements of 14%....

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This WSJ editorial says about the US Fed guaranteeing the 90% of uninsured deposits at Silicon Valley Bank to prevent systemic risk, that the 250,000 limit was set by Congress to protect average Americans not venture investors in Silicon Valley. Venture capital investors and startups in Silicon Valley put large amounts into the bank. It says the San Francisco Fed regulates Silicon Valley Bank and failed to perform its regulatory function. And adds that the idea of elevating San Francisco Fed president Mary Daly to the Federal Reserve Board of Governors now seems preposterous. Fed, Treasury, and the bankers all have to take the blame. The Guardian reports that the CEO of SVB lobbied to reduce the regulatory impact on his bank. By choosing higher returns from long term Treasury bonds and expanding too quickly this created the conditions for the collapse, and then rescue by the Fed and Treasury in the all to familiar pattern since 2008.

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Peter Eavis describes the results of the new Federal Reserve LISCC's determination under Tarullo, Gibson and Taylor, to bring discipline to financial markets and reduce systemic risk. Over the last 3 years Goldman Sachs has spent $16.3 billion in buybacks, about 70% of profits, to return money to shareholders and improve metrics such as earnings per share. This strategy will now have to be reversed. With the Fed stress tests in Feb. 2015 the focus is on banks with large trading desks. Goldman unlike other banks has counted on a strategy of preserving a large trading operation in the hope that this will earn the bank larger profits when the market recovers. This does not sit well with the Fed in the 2015 stress tests- showing a $23.8 billion loss if the stock market fell by 60% in a crisis, leaving Goldman with a bare minimum in reserves. Goldman will now have to reduce the buybacks to add to reserves after the current stress tests, and pare down its trading desk operation.

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Tough terms and invoking of a systemic risk clause in banking law by Paulso to dictate terms to banks was the right call say analysts after all the dithering and missteps. It will lift the Tier One capital ratio of a bank like Chase JP Morgan from 8.3% it forecast as of Sept end to over 10% and will give a sizable boost to all bank ratios.

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Banking regulation in the U.S. after the Dodd-Frank legislation differs from banking regulation rules proposed by the Independent Commission on Banking in Britain. Britain has a much bigger financial sector relative to the size of its economy than the U.S., posing larger systemic risks. The commission in Britain is proposing structural changes that would separate investment banking from deposit taking at banks. Banks would have separate balance sheets for these two activities- and operate them as separate subsidiaries- even though they are part of one holding company. This means it would be harder to raise money cheaply for risktaking in investment banking. Under the Volcker Rule in the U.S., banks investment banking and deposit taking would not be separated in a structural separation- there would still be one balance sheet- only banks ability to trade with their own capital and run hedge funds would be constrained. Some banks have spun off trading operations in the U.S. and the the rules banks have to follow have not been clearly defined. Too big to fail is still a problem under current American regulation, though its effects are mitigated to some extent. As one expert puts it, its hard to regulate the banks because too much money is involved and the banks have the money and the lawyers to prevent or dilute new rules. The argument made by the banks in Britain is that universal international banking provides a public benefit and efficiencies. But John Vickers, the former chief economist of the Bank of England, and chairman of the Independent Commission on Banking, has a different view. He said recently, "it seems quite hard to identify and quantify real efficiencies as distinct from purely private gains."...

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This Wall Street Journal editorial comes out in favor of higher capital reserve requirements similiar to that suggested by Federal Reserve Board governor Daniel Tarullo. The Journal says that if regulators are serious in the U.S. about controlling systemic risk, then the 14% rule or a 15% rule for assets held in reserve by banks should be adopted. Daniel Tarullo had suggested a 14% capital reserve requirement. These requirements would be phased in gradually over several years. Basel III requirements require only a 7% requirement and is phased in over many years. Capital standards are likely to be gamed. For this reason the requirement for only Tier 1 capital to be eligible is essential. What about the Basel III standards and the European banks? Would this put them in a better position to earn higher returns. This should be a problem left for European taxpayers to tackle says the Journal. As long as U.S. taxpayers are supporting U.S. banks with an implicit subsidy to take on larger amounts of risk -because they will be saved in a crisis with taxpayer dollars- the Journal says it makes sense to require 10-14% in capital reserves. It cites the Japanese banks which were highly overleveraged with lower capital reserves compared to American banks, and fared poorly. The Dodd-Frank bill imposes a complicated set of regulatory requirements with regulators required to write new sets of rules. The editorial concludes that it is far better to tackle the problems in the banking system with a sufficiently high requirement for capital reserves to manage risks than to have the detailed rule making on every subject that Dodd-Frank suggests....

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Amar Bhide says it is time for banks to go back to their basic functions of taking deposits and making traditional loans, and to restrict risk taking activites, so that the U.S. can return to stable sustainable growth without recurring financial crises. He suggests a simple rule- activities that the average examiner cannot understand should not be allowed, which would restrict many of the activities of banks that lack transparency and pose systemic risks. He says the Dodd-Frank reforms have not tackled the dangers of risk-taking by banks and new leadership is required.

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Warren Stephens, head of Stephens Inc, in Little Rock, Arkansas, says repeal of the Glass-Steagall Act was a mistake. U.S. banks should have a 5% cap on holdings of total deposits in the U.S., and no "grandfathering" of banks over the 5% limit. Five institutions controlling 50% of the deposits in the U.S. creates too much systemic risk in another financial crisis. Banks should be expected to be one or the other, commercial banks or investment banks, not both. These recommendations are not new. Bank of England Governor, Mervyn King, called for breaking up the largest banks or shrinking the size of the largest banks during the global financial crisis in 2008. This position for banks that are smaller in size is supported by veteran bankers Paul Volcker, Thomas Hoenig and other experts.

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Christian Noyer, the Governor of the Bank of France, says that the supervisory infrastructure and deposit guarantee structure for the eurozone has not kept up with the creation of a single currrency, leaving an obvious gap that has to be fixed. Of particular importance is the link between sovereign and banking risks that is behind dangers in today's eurozone crisis, especially in Spain, which he says should be broken. The creation of a single euroarea supervisory authority is a prerequisite for a deposit guarantee fund that will separate and delink bank and sovereign risks. The other step is to create a banking resolution scheme similiar to what the U.S. has setup, with the FDIC having a resolution plan to come in and unwind a failing bank, include large banks with systemic risk.

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From north east Indiana and Indiana University SVB CEO Becker works his way up to a bank in Detroit with offices in California, and joins SVB in his twenties. He opened SVB's office in Boulder in 1996 and became president in 2008. Two things made SVB different. It seemed like the 2008 crisis had never happened. The management at the company Becker, Beck, and another executive Descheneaux hired from Bancwest, acted more like tech entrepreneurs and much less like bankers. They seemed to have mastered the way of optimistic talk to tech entrepreneurs, the language the culture, and did not share the same grasp of the economic environment of others who had weathered the 2008 crisis. For most of 2021 the company did not have a risk officer, according to the WSJ. And did not see the aspects of duration risk in having assets invested in long term Treasury's when interest rates were increased by the Fed rapidly to fight inflation decreasing the value of bonds. Startups and SVB management in their optimism both ignored the risk of not having the backing of FDIC insurance as insurance is limited to $250,000 in deposits, and most of the SVB's deposits were much larger. The US government wary of criticism of a bailout insists the FDIC backing provided to prevent systemic risk will not cost the taxpayers as it will come from a special assessment on banks. Nothing better explains the collapse than a look at the graphs of SVB's deposits in this WSJ report, in 2019 deposits and financial assets increase at about 50%, at about 100% doubling in 2020. Stock performance mirrored this.  By 2020 the supply chain disruptions were real and inflation was taking off, the Fed under Jay Powell was taking up the fight against inflation with sharp rise in interest rates. SVB did not grasp the seriousness of the situation. Venture capital gleaned the risks as they mounted and a bank run with withdrawals of as much of $42 billion led to the collapse.   ...

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UBS and Bank of America reach a settlement with Detroit before the city declared bankruptcy. The settlement was for interest rate swap contracts signed by Detroit officials in 2005, and settles the contracts for 75 cents on the dollar or $230 million. There is safe harbor for traders and banks in interest rate swaps or derivative contracts, so that the usual stay that blocks creditors from collecting debts does not operate. This kind of treatment for derivative contracts makes no logical sense in the context say experts. The swap contracts of 2005 were signed at a time the city took out a $1.4 billion variable interest rate loan to put into its pension funds, with the swaps as a hedge against rising interest rates. In fact Detroit is seeking a $350 million loan from Barclays Capital and it needs to resolve the swap for that loan. From this loan UBS and Bank of America get their $230 million leaving $120 million for streetlights, police and city services badly needed today. Public interest considerations of this kind were not considered by Congress when it made the rule for safe harbors universal in derivative contracts to reduce systemic risk of one financial institution dragging others into a systemic crisis. The safe harbor make it harder for a judge to say this thing smells and make attempts to change it. ...

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Hubbard at Columbia, Scott at Harvard, and Zingales at University of Chicago, go over the options. Bad bank option has the drawback that you have assets that are written down and you put them in a bad bank, but what about all those assets that deteriorate as the economy deteriorates, would'nt they have to be be put in the bad bank too? Banks hold $6 trillion of mortgages and mortgage securities, with mortgage securities of $1.3 trillion. Option two, guaranteeing bad assets has been tried for Citigroup, where taking asset pool of $306 billion which was created, Citigroup absorbed the first $29 billion losses, Treasury and FDIC jointly fund next $15 billion, and Fed holds 90% of remaining losses. The government getting $7 billion in preferred stock with 8% yield. This Citigroup option according to a conservative estimate would cost the government $60 billion after stock warrants received. This would cost for all the banks something like the $700 billion of the TARP, and if bad assets deteriorate further as is likely, could end up costing the government trillions. So this isnt a great option. Hubbard, Scott, and Zogales, say that the option of encouraging banks to spin off toxic assets into separate affiliated bad banks would be a reasonable one. But the government should't guarantee the assets of that bad bank if it poses systemic risk. And banks with negative capital or close to negative capital should be taken over by the government, nationalized, through already established FDIC procedures, such as bridge loans. ...

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U.S. bank Wells Fargo is paying $175 million in a settlement with the Justice Department for "systemic discrimination" in mortgage lending to Blacks and Hispanics. The lawsuit was originally filed by the city of Baltimore over violations of fair lending laws. The Justice Department started its own investigation following the lawsuit. The Justice Department said 4500 black and Hispanic homeowners in the Baltimore and Washington region were targets of loans at unfavorable rates and excessie fees. Federal officials described this as a pattern of unfair lending practices that spanned 36 states and 34,000 minority customers over 5 years. As part of the settlement Wells Fargo is providing $50 million to Washington, Baltimore and six other metropolitan regions to help residents make down payments on new homes. Separately Wells Fargo in its settlement with the city of Baltimore, will provide $3 million in homeowner assistance to residents, and make $125 million in lower cost loans to low and moderate income people for the next 5 years....

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Gretchen Morgenson sees systemic risk looking ahead beyond 2013 in the $4.6 trillion repurchase obligations market or repo market. Problems in the repo market caused the collapse of Lehman Brothers in the financial crisis of 2008. Bernanke, Dudley, Bair and other finance officials have referred to the risk in the repo market which have not been reduced since the 2008 financial crisis. In the repo market money market mutual funds provide short term funding to banks accepting collateral such as mortgage securities. These are overnight loans made to banks and other financial institutions based entirely on trust. During normal functioning the trades are rolled over. The risk is that the trust disappears in a few days as happened for Bear Stearns and Lehman and the firms not able to obtain this short term financing. This is a very unstable form of financing and Lehman depended on it because of the low cost and not having to set aside capital for the trades. Basel III rules require that banks set aside capital against the assets they finance inthe repo markets, and a recent JP Morgan report says the 8 largest banks would need to raise $28-$34 billon in capital for their repo business....

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In talking about the systemic risks of the failure of GM, about 3 million jobs depend on the auto industry with 1,187,000 employed by dealerships of which 325,000 are employed in GM dealerships. Another concern is that GM's pension obligations are underfunded by $18 billion at the end of 2008 according to Deutsche Bank. This would be added to the $11 billion deficit at the Pension Benefit Guaranty Corp. were GM to fail.

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Mr Carney's calm demeanor and performance as head of the Bank of Canada, Canada's central bank, during the period before and after the financial crisis of 2008, and his 13 years of private sector experience at Goldman Sachs including handling of sovereign debt and emerging market debt, were part of the invaluable experience considered in the selection process for the next Governor of the Bank of England. Britain's chancellor of the Exchequer, Mr. Osborne, encouraged Mr. Carney to apply for the position. Carney is head of the Financial Stability Board, which has responsibilities to reduce systemic risk. This experience is also considered valuable because of the expanded responsibilities of the Bank of England, Britain's central bank, which now include overseeing and regulating British financial institutions. The Financial Services Authority was scrapped and its responsibilities placed in the central bank with the Governor overseeing a committe inside the bank that is in charge of regulatory affairs....

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Five rules the editors of the WSJ say should be followed when working on cleaning up the banking system. A clear no, as Krugman and other experts point out is for the government to make the rather imprudent move to take on all the debts of the banks as in Ireland. A second rule is not to underestimate the size of the problem and delay action till the problem gets much worse, when its harder to deal with. ECB president, Mario Draghi, pointed out the problem at Spain's handling of Bankia bank as a clear example, telling the European parliament recently: "There is a first assessment, then a second, a third, a fourth. This is the worst possible wayof doing things. Everyone ends up doing the right thing, but at the highest cost." A third rule is to set clear rules about banks, who gets rescued and who gets closed and why- so that its not left upto the discretion of officials. On this rule Spain's outgoing Zapatero administration gets good marks from WSJ for settting clear rules to the cajas svings banks. A fourth rule applicable to Europe is to first setup the expertise and conditions for a European banking regulator before setting up a banking union and direct injection of funds by the EFSF into banks of individual countries. A fifth rule is to avoid creating even larger mega banks by consolidating failing banks with large banks, and continuing the government's implicit guarantee of the bank because it is "too big to fail" and creates systemic risk- this is the situation after action by the U.S. Federal Reserve, regulators and the U.S. Treasury....

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Dilution of the Volcker Rule by defining "hedging" as covering bank risk on a "portfolio basis," "including aggregate risk of one or more trading desks." The new wording is in a 174 page draft proposal for the rule released by regulatory agencies. The Federal Reserve, the FDIC, the CFTC, the SEC, and the Treasury Department are putting together the final wording. This opens the door for banks to engage in proprietary trading on their own account. Experts say this makes it possible for financial firms to make all kinds of bets on the market, by defining the risk of its portfolio broadly, such as a U.S. recession. Additional changes are the deleting of the requirement that chief executives pledge their firms are not engaging in proprietary trading. Another change that is being debated is whether to require banks to report all trading to a single repository so that regulators can see if there is systemic risk. The result of this would be a watering down of the original Volcker Rule provision in the Dodd-Frank legislation, that banned proprietary trading after the 2008 financial collapse on Wall Street....

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Forget Macron who is simply following French policy in the manner of De Gaulle, says Greg Ip in WSJ. The European Union has already set its policy to decouple its relationships in the supply chain from China, it just calls it something else -"de-risking." The EU he says is even tougher about this than the US. The EU's Leyen has stated: "The Chinese Communist Party's clear goal is a systemic change of the international order with China at its center... We need to ensure that our companies capital, expertise and knowledge are not used to enhance the military and intelligence capabilities of those who are also systemic rivals."  Mikko Huotari, the head of the Berlin based think tank Mercator Institute for Chinese Studies says that the US and the EU arrived at this through a process that went on in parallel. In fact the Scandinavian countries such as Sweden and Denmark, and the Baltic countries came across this much earlier before Biden became president because of acrimonious relations with China. This is also true of countries in Eastern Europe such as Czech Republic.  Germany's position is based on finding a transitional period for decoupling to reduce the impact on its economy. And even China is aware of this situation and looking for a transitional period for decoupling. More significant is the attitude of companies says Greg Ip- companies such as Tesla, Apple and even Airbus that have continued investments in China with little change. And it is this that president Biden is seeking to change with US policy positions. Another less observed aspect of this is the realization of both the US and EU, that the clear and obvious mistake of overconcentration of the supply chain in China was made under Merkel and the Bush-Obama adminstrations. China too realizes that it would have been better off - less recrimination from workers in the US,  and less costly damaging growth that led to climate change- if there was not this much overconcentration of the supply chain in China. In short it benefitted no one, and happened simply because companies sought to take advantage of attractive offers of building in China offered by local governments in China with subsidies from the Chinese government, and the manufacturing capabilities that kept expanding in a virtuous circle as better infrastructure and logistics were built over time. It goes to show that unless governments are vigilant and aware of these risks the unintended can happen with different consequences including destabilizing the social fabric and the political structure of western democracies.  ...

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The FDIC had $19 billion in its fund that insures consumer's deposits at the end of 2008. A bill in Congress by Christopher Dodd, the Senate Banking Committee chairman, gives the FDIC access to $500 billion till the end of 2010 if the Fed, the President and Treasury secretary support that, and $100 billion without that approval. The FDIC proposed raising the fees banks pay into the deposit insurance fund to buildup the fund, that has been depleted by bank bailouts like the one at IndyMac which cost $10 billion. But banks protested because it comes at a time when bank's are already in a bad condition. Under a 1991 law the FDIC can borrow from the Treasury amaximum of $30 billion. The access to $500 billion is meant to let the FDIC act as another source of funds to address systemic risks that arise in the future, in addition to the $700 billion already approved by Congress for that purpose. In an interview Sheila Bair, head of the FDIC, said that a change in the law would "ease the mechanics of how seamlessly we can access our lines of" funding. I'm the kind of person who likes to be prepared for all contingencies."...

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The New York Attorney General Andrew Cuomo filed a civil fraud lawsuit against Ernst & Young LLP. Cuomo wrote in the complaint that "Ernst & Young substantially assisted Lehman Brothers, now bankrupt, to engage in a massive accounting fraud." The suit says Ernst & Young ignored warnigs from Lehman employees and from its own staff about the improper transactions. Lehman shifted $50 billion in assets off its balance sheet to foreign banks at critical financial reporting periods with a promise to buy back the securities at a premium price a few days later. With the cash held in the meantime, Lehman would pay down other debts, appearing to have less debt and give investors a better impression about the firm's financial condition than was really the case. Lehman and Bear Stearns were the most highly leveraged investment banks during the financial crisis of 2008. The unraveling of Lehman led to cracks in the world financial system because of interrelationships in the banking system. By taking this action the New York Attorney General's office is taking an important step to prevent the recurrence of such systemic crises from buildup of excessive leverage in the financial system....

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Regulation in theE.U. is more difficult than in the US because of the differinginterests of countries, with the U.K. seeing things diffrently from the Germans and the French. Under the new Obama financial regulatory framework white paper the Fed gets increased powers for overisght over the financial system. Under the proposed system for the E.U. that emerged from the Brussels summit, June 19, 2009, the European Central Bank would setup a European Systemic Risk Council headed by the President of the ECB. But its role is only advisory. This Council would "have the power to make recommendations but not to implement policies directly." French President Sarkozy says that it will acquire powers over time through experience and practice.