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Too Big to Fail: Why the Big Banks Should Be Broken Up, but Why the White House and Congress Don't Want to

by: Robert Reich  |  Robert Reich's Blog

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(Photo Illustration: Jared Rodriguez / t r u t h o u t, Adapted From: jspad, michaelaston / flickr )

    And now there are five - five Wall Street behemoths, bigger than they were before the Great Meltdown, paying fatter salaries and bonuses to retain their so-called"talent," and raking in huge profits. The biggest difference between now and last October is these biggies didn't know then that they were too big to fail and the government would bail them out if they got into trouble. Now they do. And like a giant, gawking adolescent who's just discovered he can crash the Lexus convertible his rich dad gave him and the next morning have a new one waiting in his driveway courtesy of a dad who can't say no, the biggies will drive even faster now, taking even bigger risks.

    What to do? Two ideas are floating around Washington, but only one is supported by the Treasury and the White House. Unfortunately, it's the wrong one.

    The right idea is to break up the giant banks. I don't often agree with Alan Greenspan but he was right when he said last week that "[i]f they're too big to fail, they're too big." Greenspan noted that the government broke up Standard Oil in 1911, and what happened? "The individual parts became more valuable than the whole. Maybe that's what we need to do." (Historic footnote: Had Greenspan not supported in 1999 Congress's repeal of the Glass Stagall Act, which separated investment from commercial banking, we wouldn't be in the soup we're in to begin with.)

    Former Fed Chair Paul Volcker, whose only problem is he's much too tall, last week told the New York Times he'd like to see the restoration of the Glass-Steagall Act provisions that would separate the financial giants' deposit-taking activities from their investment and trading businesses. If this separation went into effect, JPMorgan Chase would have to give up the trading operations acquired from Bear Stearns. Bank of America and Merrill Lynch would go back to being separate companies. And Goldman Sachs could no longer be a bank holding company.

    But the Obama Administration doesn't agree with either Greenspan or Volcker. While it says it doesn't want another bank bailout, its solution to the "too big to fail" problem doesn't go nearly far enough. In fact, it doesn't really go anywhere. The Administration would wait until a giant bank was in danger of failing and then put it into a process akin to bankruptcy. The bank's assets would be sold off to pay its creditors, and its shareholders would likely walk off with nothing. The Treasury would determine when such a "resolution" process was needed, and appoint a receiver, such as the FDIC, to wind down the bank's operations.

    There should be an orderly process for putting big failing banks out of business. But this isn't nearly enough. By the time a truly big bank gets into trouble - one that poses a "systemic risk" to the entire economy - it's too late. Other banks, competing like mad for the same talent and profits, will already have adopted many of the excessively-risky banks techniques. And the pending failure will already have rocked the entire financial sector.

    Worse yet, the Administration's plan gives the big failing bank an escape hatch: The receiver might decide that the bank doesn't need to go out of business after all - that all it needs is some government money to tide it over until the crisis passes. So the Treasury would also have the authority to provide the bank with financial assistance in the form of loans or guarantees. In other words, back to bailout. (Historical footnote: Summers and Geithner, along with Bob Rubin, while at Treasury in 1999, joined Greenspan in urging Congress to repeal Glass-Steagall. The four of them - Greenspan, Summers, Rubin and Geithner also refused to regulate derivatives, and pushed Congress to stop the Commodity Futures Trading Corporation from doing so.)

    Congress is cooking up a variation on the "resolution" idea that would give the Federal Deposit Insurance Corporation authority to trigger and handle the winding-down of big banks in trouble, without Treasury involvement, and without an escape hatch.

    Needless to say, Wall Street favors the Administration's approach - which is why the Administration chose it to begin with. If I were less charitable I'd say Geithner and Summers continue to bend over bankwards to make Wall Street happy, and in doing so continue to risk the credibility of the President, as well as the long-term financial stability of the system.

    Wall Street could live with the slightly less delectable variation that Congress is coming up with. But Congress won't go as far as to unleash the antitrust laws on the big banks or resurrect the Glass-Steagall Act. After all, the Street is a major benefactor of Congress and the Street's lobbyists and lackeys are all over Capitol Hill.

    The Street obviously detests the notion that its behemoths should be broken up. That's why the idea isn't even on the table. But it should be. No important public interest is served by allowing giant banks to grow too big to fail. Winding them down after they get into trouble is no answer. By then the damage will already have been done.

    Whether it's using the antitrust laws or enacting a new Glass-Steagall Act, the Wall Street giants should be split up - and soon.

  

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Comments

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How is this scheme

How is this scheme different? Ok, I admit I don’t know much about the financial industry but I really don’t see how this new Obama’s boys scheme is ever going to result in anything but continued raids on the US treasury. Last time these banks got into trouble, the chief reason why they had to be bailed out was that they all insured each other’s risky investments. The lost of any one of them would drag the others down too. So how is this any different?

Mr. Reich: Why not be "less

Mr. Reich: Why not be "less charitable" to Geithner and Summers--they are bending over backwards for Wall Street, which obviously holds the American taxpayer, our government, in fact anyone not from Wall Street, in contempt. Obama said it: "The bankers do not seem to get it." Yet he picked Geithner and Summers. And by the way, Greenspan, Summers, Geithner, and Rubin not only convinced Congress to undermine the Commodities and Futures Trading Commission, which was trying to raise alarms about the potential catastrophe of unregulated derivatives trading, they first tried to aggressively intimidate and bully the CFTC head, Brooksley Born, into backing off her questioning of the derivatives market. Nice guys. Even when one fund heavy into derivatives collapsed, as Born's warnings predicted, these same Four Horsemen of the Financial Apocalypse toed the same line and continued to undermine and back-stab Born. Oh, and anyone who believed Timothy Geithner when he said that Turbo Tax was at least partly at fault for him not reporting certain income is a pathetic fool. I have used Turbo Tax for at least 15 years--even when it ran under DOS--and Turbo Tax provides an exhaustive interactive Q&A about EVERY form of income imaginable. In fact, one might call it excruciating. So, Geithner was either severely mistaken, or lying. Believe what you will.

Time to replace the statue

Time to replace the statue of the bull in front of the Stock Exchange with a guillotine, perhaps.

I agree, too big to fail is

I agree, too big to fail is too big. And none of this gets at the ecological crisis that underpins the entire economic collapse

Yes, there's an inherent

Yes, there's an inherent danger to the system in the "too big to fail" doctrine, and the nation (and probably the global economy) would be better served if those gargantuan institutions could be split into separate, independent units a la Glass-Steagall. But institutions, by themselves, have no morals, ethics, plans, etc.; those attributes are determined by the people who run them. It should consequently be written into law that, if the leaders of those behemoths-- senior management and independent directors-- ever again place their institutions in the position of needing financial support from the government, such aid will be granted ONLY in conjunction with the resignation of all of those individuals, who must simultaneously waive all future compensation including severance pay, yet unvested option grants and share awards, plus all but an absolute minimum pension rights. While there has been much outcry about the exhorbitant bonuses granted many financial industry executives, the greater obscenity has been the ability of top managers of failed companies to walk away with severance packages in the tens or hundreds of millions of dollars while their employees and shareholders found themselves left in the lurch.

If you're not scared enough

If you're not scared enough yet, you could check out who wants to float bonds for municipal water supplies and what they want to do to the water. Many jurisdictions will not have much defense when collusion between local corruption and the engineering and financial suspects run debt service beyond ratepayers' ability to pay. Mass sickenings and deaths have happened from the systems they plan to impose. Closed storage with central treatment is at grave risk from human error, and there are sobering adverse events connected with these systems. Areas with a lot of precipitation can save rain, but rain in many areas comes down with a ph of about 5, which means it must be carefully treated before use.

Obama and Democrats are

Obama and Democrats are waaay too obsessed with seeking Republican Approval... They are too afraid of The CONservative Media Empire... and The US Congress became The US Congress of Global Corporate Facilitation quite some time ago... Welcome to our Brave New World Mr Reich, where your well written articles read like Fairy Tales Reminiscing about what once was in America in a melancholy-yearned for past. Indeed, WE were once ''WE THE PEOPLE''.., But now, WE are merely ''We The Consumer''..., and even as it is a well documented fact in our Brave New Corporatacracy that WE Consumers are actually the only ones TOO BIG TO FAIL, WE are treated less like Individual Americans-together and more like a mass of little Fat Bodies to Media-Hoodwink into greater manic consumption and less rewarding greater production while allowing Our Corporate Masters to grant unto us Less and Less for more and more unto them. All done through the foisted delusion that Less and Less WE-THE-PEOPLE Government through Total Scorched Earth Deregulation is The Panacea of Our Time, and that LESS TAXES on Global Corporations actually leads to more in our pockets. Well, it does not as WE are evermore TAXED by evermore Deregulated Global Corporations in evermore unrestrained Hidden Fees for Less and Less Service and as both Wages and Benefits evermore Decline and even Holiday Christmas Cheer is evermore measured as the number of Boots on the Ground at Malls by Global Corporate Media which is evermore Concentrated in evermore Monopoly-Like Fashion through evermore Deregulation... And so it goes until it does not... I'm not holding my breath waiting for Obama and the super dooper majority Democrats to do much more about it than campaign like a bunch of smiley faces while the Fat Lady continues to sing The Great American Swan Song.

I think we should break the

I think we should break the big financial institutions up into smaller and smaller pieces, until they are so small we could drown them in a bathtub.

Even describing the problem

Even describing the problem is already the wrong public message. Nobody wants to hear more problems. That is exactly what makes the whole so immobile to change and heavy. Break them up before they break us.

You have to work from the

You have to work from the inside, the OCC (Comptroller of the Currency) obscure, but held captive by the Banking Industry. This is what confuses people endlessly, the "regulators" are in fact bank "employees" . Fire John C. Dugan, fire Tim Geithner? Yes. But that will never happen, the banks put Obama in office.

Bandaids all, on an

Bandaids all, on an inherently corrupt system that we should all recognize will do nothing to stop it from doing exactly what it was designed to do. Experience proves every half-hearted attempt to reign-in or limit the outright theft while leaving the very same system of "Ownership by the Oligarchs" in place only perpetuates it. Until we scrap capitalism, replace it with a fully participitary system of full repesentation, with constant corrections to guard against the co-opting of control from the people, little will ever change except the downward rush to the final end. The path is clear. ~John L.