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Terms of the deal are known and were publicly available at EDGAR and at BSC websites 17 March the day after the deal was done. At the time of the merger, JPM was carrying $91 trillion and BSC $13 trillion in notional derivatives; these figures are documented by OCC and BSC's 10-K filing, Jan 2008. Incidentally, Federal Reserve Bank of New York president, Timothy Geithner, represented the FRB in negotiations between JPM and BSC.

You are absolutely correct: "These loans were not made at the expense of the Treasury, but at the expense of the Dollar itself, and of the underlying "Full Faith and Credit of the US Government".

BSC is not an FDIC-insured bank, but JPM is on several accounts as it is a bank holding company with retail and commercial operations. Both bank's however are two of the FRB's 20 primary dealers of US treasuries. (more links here) The Primary Dealer Credit Facility was created the day that the JPM-BSC merger was announced, 16 March. These are the facilities for primary dealers as of 28 March. You will note also the Term Discount Window created 17 Aug 2007; at that time Bush and Bernanke announced a plan to "rescue" homeowners by extending FHA origination and insurance underwriting. This was a public signal that Treasury and FRB understood the MBS market and housing values were collapsing. OFHEO was not amused. By Dec 2007 reserve system non-borrowed funds were negative, and FRB established the Term Auction Facility.

And there is no law prohibiting or limiting FRB underwriting precisely because three of the FRB "core banks" are primary dealers and LIBOR panelists -- BoA (which has been "asked" to absorb Countrywide), JPMorgan Chase, Citigroup. I don't need to tell you that "the market" is forcing BoE to validate LIBOR panelists' compliance. In effect, the only thing keeping treasury yield level (USD) is market confidence in these institutions capacity to deflate housing value and suppress dilution (inflation) as directed by the US Congress.

I doubt "insider trading" triggered a panic or the JPM-BSC. Any institutional fund manager paying the slightest attention to BSC litigation, exposure, margins, or rumor of default, under the conditions described above would have pulled have pulled out ($17B over two days, iirc) at the first opportunity the last 10K was filed because they were well aware the company's market cap was bogus.

Diversity is the key to economic and political evolution.

by Cat on Wed May 14th, 2008 at 06:27:35 PM EST
[ Parent ]
MarketTrustee:
I doubt "insider trading" triggered a panic or the JPM-BSC.

Did JPM pick up BSC "on the cheap" in your view?

They already increased the offer from $2.00 to $10.00 per share of course...

"Any economic unit can emit money. The serious problem is to get it accepted" Hyman Minsky

by ChrisCook (cojockathotmaildotcom) on Wed May 14th, 2008 at 07:14:18 PM EST
[ Parent ]
That was still cheap.

But what was the point of that move? Was it just a bit of fake haggling to stop the markets going into meltdown and ruin the party for everyone?

Or had someone made their money by then, so it didn't matter if prices started to climb back up again?

by ThatBritGuy (thatbritguy (at) googlemail.com) on Wed May 14th, 2008 at 07:25:54 PM EST
[ Parent ]
ThatBritGuy:
Or had someone made their money by then, so it didn't matter if prices started to climb back up again?

Quite.

The fact that they increased the price by 500% with such alacrity indicates there was a little slack in there.....

"Any economic unit can emit money. The serious problem is to get it accepted" Hyman Minsky

by ChrisCook (cojockathotmaildotcom) on Wed May 14th, 2008 at 07:57:14 PM EST
[ Parent ]
Cheap, yes. For one, the deal is a stock trade. There is no JPM cash on that table. And if I remember correctly, the $10 ps revision to the Merger Agreement occurred at month end. By then fin/biz reporters had detected alleged "insider trading" by Coyne et al --personal stakes >3% plus fund managers-- to pump the share market value after 16 March. Their strategy, I imagine, was to leverage threats of shareholders' litigation over the initial strike price. I don't know if there have been further revisions to the Merger Agreement JPM option price, $2.00 ps, on BSC shell, operations remaing liquidation and settlements.

Diversity is the key to economic and political evolution.
by Cat on Thu May 15th, 2008 at 07:28:11 AM EST
[ Parent ]

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