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Peter Eavis says the too big to fail problem remains unsolved, and with the recent consolidation the "big four" accounting for 70% of all assets held by domestically cahrtered banks. There is no effort by the Obama administration to prevent banks from getting too big. And the Fed has accumulated greater powers as a regulator. It is still the same Fed, Eavis reminds one that failed as abank regulator by letting Citigroup's common equity ratios drop to perilous lows. And its overstimulative monetary policies having built up more risk than the system could handle. There will be more regulatory capital at these big banks as a result of actions by Treasury, but risk remains.

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Jon Huntsman, Republican candidate for President in 2012, calls for a fee on banks with a size that is above a certain percentage of the GDP. This would cover the cost banks impose on taxpayers when they are bailed out. It would eliminate the advantage banks gain from "too-big-to-fail," a subsidy Huntsman estimates to be one half percentage point in today's market. He points to efforts by the UK and Switzerland for more stringent financial standards than the U.S.

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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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More revelations such as Pandora papers may not do much because the inertia is institiutionalized and the political system is available for hire, says Prof. Prem Sikka of the University of Sheffield, UK. He says armies of accountants, lawyers and financial experts support this system, the regulatory system in the UK is ineffective, and too many MP's are on the payroll of corporations, says Prof. Sikka in The Guardian. It is the sheer size of the problem that is staggering and could be an indication of how it reduces upward mobility in society, leads to financial crises, and defunds infrastructure, defunds healthcare and housing in US, Europe, Britain and India. The size of illegal money and tax evasion money in the world today is according to this article in The Guardian simply astonishing- $3.6 trillion. 

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Wessel summarizes the existing thinking of the administration and its critics on ways to prevent the next banking crisis. The Shultz-Mervyn King School which says breakup the largest banks into smaller banks so they are not too big to fail. The Volcker school which says separate utility banking from thre risk taking banking of the trading desks of investment banks. And the Geithner-Frank school of avoiding these tough choices in the face of intense lobbying by the banks by glossing over the problem, their latest proposal suggesting that Treasury collect the bill of abank bailout from the remaining weakened banks in afinancial crisis of the future. But the Geithner -Frank solution still has Treasury, meaning the government footing the bill, as collecting the bailout from remaining banks that are weak in such a financial crisis may not be feasible. and it would further worsen the government's finances, raising questions about these proposals which may amount to doing a little better than nothing. In effect avoiding the tough choices of breaking up the larger banks or separating utility banking from trading desks of investment banks....

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Richard Fisher, president of the Dallas Federal Reserve Bank, has a three part proposal for tackling the "too big to fail" problem and concentration of 70% of the U.S. banking assets in a few banks. It calls for Market Discipline to be exercized in a way that the Dodd-Frank legislation fails to do. This is to be accomplished by having deposit insurance and the Fed's discount window apply only to traditional commercial banks, not the nonbank affiliates and parent holding companies. Customers, creditors and counterparties of all nonbank affiliates and the parent holding companies would be asked to sign a disclosure accepting that there is no government guarantee. In addition the largest financial holding companies would be restructured so that all their corporate entities would fall under a speedy bankruptcy process. Fisher does not clarify how he would do this restructuring. The Fisher idea come after changes in the banking industry through internal management restructuring following trading losses, legal settlements and the passage of a Swiss referendum called the Minder Initiative on compensation. Fisher suggests the U.S. Fed and regulatory authorites in other countries should push for further restructuring and calls for action beyond the limited results from 2010 Dodd-Frank Wall Street Reform and Consumer Protection Act. He is critical of Dodd-Frank's often ambiguous and lengthy worded legislation- 849 pages for the law and 9000 pages for the regulations written to implement the law. Fisher emphasizes the point that its hard to implement a law and enforce rules when its not clear and is difficult to understand....

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The TARP Inspector General, Neil Barofsky, says in a January 2011 report, that the government has no objective criteria to measure the systemic risk carried by large financial corporations. And he points to the moral hazard connected to the continuation of financial institutions that are too big to fail even after the 2008 crisis.

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Chadwick Matlin's review of NYT's Ross Sorkin's book "Too Big To Fail," tells the story of Fuld's cockiness, overconfidence, whats the right word? He got into a fight with his ROTC officer as a student writes Sorkin in his new book. And there he is turning down offers from a Korean bank, Barclays and Bank of America - making the wrong decision each time- because he did not recognize the danger Lehman was in and had an inflated view of Lehman, helped by staffers. Perhaps says Matlin, encouraged by the people that he surrounded himself with. A anecdote in the book is cited that shows Fuld in New Delhi asking Treasury Secretary Paulson if he could get clearance from Russia for his flight to cut 5 hours of flying time, and Paulson telling him he couldn't get that for himself.

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William Hurt plays Treasury secretary Hank Paulson in the HBO movie "Too Big to Fail," on the financial crisis of 2008. The approach HBO producers took to get the details of the story right included having actors talk to the real life figures like Hank Paulson. Hurt did a lot of questioning. Paulson was aware that his legacy would be shaped by how this story was told. Hurt came out of the discussions, including a three day visit to Paulson's home on a coastal Georgia island, saying that he did not feel manipulated. Hurt would continue to look at Paulson's actions from his own notions of value.

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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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SIGTARP agency has prosecuted cases for criminal charges against 107 senior bank officers and most of them have received prison sentences.