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Should Bear have been allowed to fail? Would a bankruptcy of Bear Stearns created enough of ascare among highly leveraged investment banks and financial institutions that they would have started straightening out their finances 6 months earlier in crisis fashion without letting the 6 months pass without the necessary actions? This was stated in aspeech given by Ken Lewis after the failure of Lehman Brothers and the subsequent crises at other banks led to a wake up call on Wall Street. Here James Freeman of the WSJ makes asimiliar argument.

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Would smaller companies lose out in competition with larger companies that are designated by the government as companies of systemic risk, implying government backing of these companies. Some in Congress are advocating this, and its been endorsed by the Group of Thirty (private sector regulation specialists) including its subcommitte headed by Paul Volcker. Would this be designating some companies as winners asks Peter Wallison.

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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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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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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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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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By a vote of 223 to 202 largely along party lines the House passed a bill that brings sweeping changes to the American financial regulatory system. The 1279 page bill creates anew federal agency for consumer protection, establishes a council of regulators to police the financial system for systemic risks, initiates oversight of the derivatives market, and gives the government power to wind down large firms that are in danger of collapse and pose systemic risk. The bill also gives sharehlders advisory say on executive compensation, increases transparency of credit rating agencies, and sets aside billions in governmet money to help unemployed homeowners.

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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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The China Banking Regulatory Commission points to dangers of the Non Performing Loans ratio rebounding and serious risks in the financial sector from bad loans. CBRC chairman, Liu Mingkang, points to the risks associated with local-government financing platforms, and the real estate sector and industries with excess capacity, in the 128 page report for 2009 shown on its website. And he points out that fundamental cracks and flaws internationally, that were exposed by the global financial criis of 2008, have still to be resolved. He cites the regulatory issues, "too-big-to-fail" issue for large financial institutions, cross-sector and cross-country risk contagion toxic assets, and the budget deficits facing European countries, as major issues posing systemic risk.

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U.S. Fed governor, Daniel Tarullo, said in a recent speech that U.S. financial institutions could be required to meet stronger capital requirements than the Basel international standards. The Fed is considering requiring the riskiest financial institutions to put aside 8.4% to 14% of capital. The Basel standards require institutions to gradually increase the capital cushions to 7% by 2019 from about 2% at this time. Less risky institutions would would have a smaller increase over the Basel standards- about 20% compared to the 100% increase over Basel for the riskiest institutions. Speaking at the Peterson Institute for International Economics, Tarullo said- "The regulatory structure ...should discourage systemically consequential growth or mergers unless the benefits to society are clearly significant." Tarullo said no one wants to see another TARP. Banks would have to build up their capital reserves using common equity and not other forms of less reliable capital such as contingent capital, where banks convert debt instruments into equity in an emergency. Tarullo emphasized the need for the U.S. to move beyond the Basel requirements, known as Basel III, because they are narrowly designed for individual institutions and do not adequately address the systemic risk. When there is a high degree of risk correlation among many actors in fast moving markets additional risks are created which require stronger capital standards. Tarullo said systemically important institutions have "no incentive to carry enough capital to reduce the chances of such systemic losses."...

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Reilly cautions on over reliance on living wills to reduce systemic risk in the U.S. financial system.

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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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Allan Meltzer, professor of political economy at Carnegie-Mellon University and the author of the most comprehensive history of the Fed, and John Taylor, atop Treasury official under George Bush both oppose expanding the powers of the Fed and putting it in charge of controlling systemic risk. Meltzer says the Fed exacerbated the crisis by keeping rates too low for too long, and did nothing to control systemic risk. He also says the in testimony to the House Financial Services Committtee, that the Fed has in its whole history never done well in controlling systemic risk. It has failed to see the storms coming. Kohn, vice chairman of the Fed, says the change is only incremental, as the Fed has asupervisorty role already. Taylor's view is that the Fed does best when its responsibilities are limited to its original role. A change would dilute its main mission of steering the economy and jeopardize its independence.

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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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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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Problems at Citadel and Sankaty Advisers, hedge funds that are in danger, and the Fed's tracking of these funds so that they do not pose systemic risk.

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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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Regulatory capture and systemic risk- the situation at the Office of the Comptroller of the Currency in the period leading to the foreclosure crisis and financial crisis of 2008 and the situation today.

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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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This Journal editorial looks at the reason why Trusts and shadow banking became systemic risks, with trust products growing 7- fold in 2007-2012. It says money tends to find its way where its needed, and without junk bonds as in the U.S. the additional capital needs were being met by Trusts. The lid on interest rates meant individuals turned to the Trusts for higher rates. And the regulators failed to control the systemic risks posed by Trusts with their low transparency and regulatory control.

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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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The importance of having a centralized clearinghouse for derivatives transactions that guarantees these transactions between buyers and sellers and mitigates risk. The clearinghouse is able to take this risk because it is backed by the collective funds of its clearing members Every buyer has a guaranteed seller and every seller has a guaranteed buyer, thus minimizing the risk that one counterparty's default will cause a systemic riple through the markets. Walter Lukken who makes this proposal is acting head of the Commodities Futures Trading Commission.