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The fact is that what we're experiencing right now is a top-down disaster. -Paul Krugman
by dvx (dvx.clt ät gmail dotcom) on Wed Mar 17th, 2010 at 02:03:02 PM EST
FT.com / Companies / Banks - Banks face trial over derivatives deals

Four banks were on Wednesday charged with fraud linked to the sale of derivatives to the city of Milan in a case that could set off a string of lawsuits by Italian local governments facing potentially billions of dollars of losses on their borrowings.

A trial of the banks, Deutsche Bank, JPMorgan Chase, UBS and Hypo Real Estate Holding's Depfa Bank, has been scheduled for May 6

The banks have been accused of misleading the city on swaps that adjusted interest payments on €1.7bn of borrowings. They are also accused of earning hidden fees of €101m on the deal - a €1.7bn bond issue in 2005. In April last year police seized assets worth €476m from the four banks in connection with the case, which is being led by Alfredo Robledo, Milan's public prosecutor.

Italian prosecutors are probing banks as local and national government agencies face potential losses of €2.5bn on derivatives, lawyers say.



The fact is that what we're experiencing right now is a top-down disaster. -Paul Krugman
by dvx (dvx.clt ät gmail dotcom) on Wed Mar 17th, 2010 at 02:12:54 PM EST
[ Parent ]
Deutsche Bank, JPMorgan, UBS Are Charged With Fraud - Bloomberg.com
Deutsche Bank AG, JPMorgan Chase & Co., UBS AG and Hypo Real Estate Holding AG's Depfa Bank Plc unit were charged with fraud linked to the sale of derivatives to the City of Milan.

Judge Simone Luerti scheduled the trial of the four firms, 11 bankers and two former city officials for May 6, Prosecutor Alfredo Robledo said after a hearing in Milan today. The banks allegedly misled the city over swaps that adjusted interest payments on 1.7 billion euros ($2.3 billion) of bonds sold in 2005.

Prosecutors across Italy are investigating banks as local and national government agencies face potential losses of 2.5 billion euros on derivatives, lawyers say. The Milan probe may also affect cases as far away as the U.S., where securities firms have faced charges for price-fixing and bid-rigging in the sale of derivatives to municipalities, though not for fraud, according to former regulator Christopher "Kit" Taylor.

"This case could have repercussions over here if the trial showed deliberate intent," said Taylor, a former executive director of the Municipal Securities Rulemaking Board, the national regulator of the municipal-bond market. "What happened in Europe was the continuation of a pattern in the U.S."



"Ce qui vient au monde pour ne rien troubler ne mérite ni égards ni patience." René Char
by Melanchthon on Wed Mar 17th, 2010 at 03:21:54 PM EST
[ Parent ]
Nice to know Italy is taking the lead on corruption.

Shouldn't these trials be in New York, Frankfurt, and London?  Do they have banking trials in Der Schweiz?

"Life shrinks or expands in proportion to one's courage." - Anaďs Nin

by Crazy Horse on Wed Mar 17th, 2010 at 06:20:31 PM EST
[ Parent ]
Play to your strengths.

As the Dutch said while fighting the Spanish: "It is not necessary to have hope in order to persevere."
by ARGeezer (ARGeezer a in a circle eurotrib daught com) on Wed Mar 17th, 2010 at 10:16:01 PM EST
[ Parent ]
Diplomatic comedy, considering.

At least the Italians can threaten to send some over some men in ugly suits.

by ThatBritGuy (thatbritguy (at) googlemail.com) on Thu Mar 18th, 2010 at 08:30:04 AM EST
[ Parent ]
Or just contact their family members in the target country who probably wear even uglier suits.

As the Dutch said while fighting the Spanish: "It is not necessary to have hope in order to persevere."
by ARGeezer (ARGeezer a in a circle eurotrib daught com) on Thu Mar 18th, 2010 at 01:15:51 PM EST
[ Parent ]
This is the form sovereign default is going to take: court challenges to derivatives contracts.

$2.5bn in derivatives losses for (according to another source I read yesterday) 500 differentmunicipalities and regional governments? What is this, a casino?

I bet all those derivatives contracts didn't count as public debt according to accounting standards.

The brainless should not be in banking -- Willem Buiter

by Migeru (migeru at eurotrib dot com) on Thu Mar 18th, 2010 at 09:38:15 AM EST
[ Parent ]
This is the form sovereign default is going to take: court challenges to derivatives contracts.

I disagree. Municipal corporations may sue for remedy; courts may even invent formularies of damages recognized by their narrow rulings. The fraud alledged by complainants AFAIK involves a fundamental premise of contract law, consideration (1, 2), being contravened by the agent(s) who sold the insurance ("derivatives") to complainants while conspiring to affect event(s) that diminunize the specific value contracted.

But private penalties (paid by banks or their agents) do not sovereign default make.

I bet all those derivatives contracts didn't count as public debt according to accounting standards.

They don't "count" as any kind of debt because the contract value is notional until and only in the event the accounting parties realize a gain (loss) attributed to contract provisions.

GAAP, reporting standards, and acceptable compliance varies by country. The objective of Basel Accord negotiations, of which parties to are both public (government) and private entities, is of course standarizing GAAP in order to facilitate a transnational business of financial (debt) instruments.

(known) Derivatives positions held by state treasuries are reported by BIS and likely recognized in treauries' balance sheets somewhere, being engrossed by a long-term liability and asset figures or a footnote to the account as impairments. In general, exposure is neither a tangible asset nor liability (e.g. Statement No. 150); exposure denotes an unrealized (intangible or notional) obligation.

Which state treasury include municipal (or provincial) corporate obligations in its accounting of "sovereign" transactions, one would need to examine pertinent statutes and periodic financial statements to identify constituent transactions of flow of funds. Business press and tax payer advocacy literature are unreliable reporters of pertinent information such as "bad bank" special purpose vehicles established by public and private trustees to complicate disclosure of asset impairments.

Diversity is the key to economic and political evolution.

by Cat on Thu Mar 18th, 2010 at 11:52:28 AM EST
[ Parent ]
Japan Eases Monetary Policy to Fight Deflation - NYTimes.com

TOKYO -- In a bid to shore up a deflation-plagued economy, Japan's central bank eased monetary policy further Wednesday by enlarging a loan program for banks, setting the country, the world's second-largest economy, on a path divergent from those of other industrialized nations.

Central banks around the world have in recent weeks contemplated rolling back stimulus steps put in place during the global economic crisis, gradually shrinking excess liquidity in their banking systems. The U.S. Federal Reserve said Tuesday that it would let a mortgage-security purchase program expire at the end of March in the United States, the largest economy.

But in Japan, where prices have remained sluggish in a lackluster recovery from the country's worst recession since World War II, the government has urged the monetary authorities to stimulate the economy further by flooding the banking sector with cash.

Japan is also leaning on monetary policy because its public debt load, the highest among industrialized countries, makes it reluctant to spend more money on public works projects and other government stimulus programs.

In a 5-to-2 vote at a policy meeting Wednesday, the Bank of Japan's board decided to double a loan program for banks aimed at increasing liquidity in the Japanese economy, to ¥20 trillion, or $222 billion. The fixed-rate loans are available for three months.



The fact is that what we're experiencing right now is a top-down disaster. -Paul Krugman
by dvx (dvx.clt ät gmail dotcom) on Wed Mar 17th, 2010 at 02:13:51 PM EST
[ Parent ]
FT.com / Asia-Pacific - World Bank raises China growth forecast

The World Bank on Wednesday raised its growth forecast for China this year to 9.5 per cent, although it warned that tighter monetary policy and a stronger currency were needed to prevent bubbles and rising inflationary expectations.

In a generally upbeat assessment of the Chinese economy which played down some of the concerns prevalent among investors, the bank raised its forecast for 2010 from the 8.7 per cent it predicted in its last quarterly report in November.

"China's economy held up well in the global crisis and the growth prospects for this year and next year are quite good,'' said Louis Kuijs, senior economist in the bank's Beijing office.

Mr Kuijs said that China needed to adopt a tighter monetary policy this year given the strong rebound in the economy, however he played down the risk that inflation - which has risen strongly in recent months - would surge this year. The bank expects inflation to be 3.5-4 per cent in 2010.

Moreover, he said China could tolerate a rate of inflation a little bit above the 3 per cent target the government has set. The bank said in its report that in many other developing countries an inflation rate of 4-5 per cent is not a problem.



The fact is that what we're experiencing right now is a top-down disaster. -Paul Krugman
by dvx (dvx.clt ät gmail dotcom) on Wed Mar 17th, 2010 at 02:15:55 PM EST
[ Parent ]
Jobs Bill Passes in Senate With 11 Votes From Republicans - NYTimes.com

WASHINGTON -- The Senate approved and sent to President Obama on Wednesday what Congressional Democrats hope will be the first in a series of bills spurring employment by providing tax breaks and other hiring incentives to businesses.

The measure, approved on a bipartisan vote of 68 to 29, would give employers an exemption from payroll taxes through the end of 2010 on workers they hire who have been unemployed for at least 60 days. It also extends the federal highway construction program and takes other steps to bolster public building projects.

After the vote Senator Charles E. Schumer of New York praised the Republicans who voted for the bill, calling it "a legislative dream."

"Today is really a turning point," said Mr. Schumer. "And there are two words that symbolize it -- jobs and bipartisan. The American people sent us a message in Massachusetts and elsewhere. It was focus on jobs, the economy, helping the middle class stretch its paycheck. Our answer today: We heard you."

While 11 Republicans voted for the measure, others in the party were skeptical that it would help create new jobs, or said they were distressed at its cost.



The fact is that what we're experiencing right now is a top-down disaster. -Paul Krugman
by dvx (dvx.clt ät gmail dotcom) on Wed Mar 17th, 2010 at 02:24:00 PM EST
[ Parent ]
FT.com / Europe - EU's largest economies warned on forecasts
The European Commission on Wednesday warned the eurozone's four largest countries - Germany, France, Italy and Spain - that their economic growth forecasts for the next three years were too optimistic, putting at risk their ability to cut their budget deficits in accordance with the European Union's fiscal rules.

The Commission asked these four countries, and others including Austria, Belgium, Ireland and the Netherlands, to spell out exactly how they intended to meet their medium-term deficit reduction targets of 3 per cent or less of gross domestic product - the EU's ceiling in normal economic times.

Britain has been warned that its plans to cut its deficit, which is estimated to be £178bn this financial year, were too timid. The Commission wants headline borrowing - currently more than 12 per cent of national output - to fall within the rules of the EU's stability and growth pact to a level of 3 per cent by 2014-15.



"Ce qui vient au monde pour ne rien troubler ne mérite ni égards ni patience." René Char
by Melanchthon on Wed Mar 17th, 2010 at 03:12:59 PM EST
[ Parent ]
FT.com / Europe - EU's largest economies warned on forecasts
Economic projections for 2010 (and 2011)

Country                GDP growth         Budget deficit       Public debt

France1.4% (2.5%)8.2% (6.0%)83.2% (86.1%)
Germany1.4% (2.0%)5.5% (4.5%)76.5% (79.5%)
Italy1.1% (2.0%)5.0% (3.9%)116.9% (116.5%)
Ireland-1.3% (3.3%)11.6% (10.0%)77.9% (82.9%)
Spain-0.3% (1.8%)9.8% (7.5%)65.9% (71.9%)
UK2.2% (3.3%)12.1% (9.2%)82.1% (88.0%)


"Ce qui vient au monde pour ne rien troubler ne mérite ni égards ni patience." René Char
by Melanchthon on Wed Mar 17th, 2010 at 03:45:23 PM EST
[ Parent ]

3 per cent or less of gross domestic product - the EU's ceiling in normal economic times.


"Life shrinks or expands in proportion to one's courage." - Anaďs Nin
by Crazy Horse on Wed Mar 17th, 2010 at 06:22:54 PM EST
[ Parent ]
There you have it in one sentence.

It's not the ceiling in normal economic times, but the absolute ceiling. If everyone runs deficits of a couple percentage points in good times, 1) how is gross debt supposed to stay below 60% indefinitely, let alone decrease it it is above? 2) what deficit should we expect in bad times, when the private sector shrinks by several percent of GDP and the public sector has to make it up?

However, everyone has taken it as the allowed deficit level in good times, with predictable consequences playing out as we speak.

The brainless should not be in banking -- Willem Buiter

by Migeru (migeru at eurotrib dot com) on Thu Mar 18th, 2010 at 09:34:07 AM EST
[ Parent ]
Would anything have changed if the whole EU had run surpluses up to the collapse?

Wait this is important. Someone is wrong on the Internet.
by generic on Thu Mar 18th, 2010 at 11:11:11 AM EST
[ Parent ]
Yes, two things.

The debt levels for all Eurozone countries would be much lower at the start of the crisis, with most countries well below the 60% cap.

The deficit levels, with the budget balance coming down from a higher level, would have stayed below 3% deficit, or would have exceeded it by much less.

In addition, a less loose fiscal policy in 'good times' would have cooled down the economies and likely prevented certain epic asset bubbles from growing so much.

The brainless should not be in banking -- Willem Buiter

by Migeru (migeru at eurotrib dot com) on Thu Mar 18th, 2010 at 11:15:45 AM EST
[ Parent ]
But how important are absolute debt levels? Using the full range of policy options of a fiat currency regime the only real limit on running a deficit is inflation. And even Japan's 200% debt level and constant deficit don't seem to have let to high inflation.

Migeru:

In addition, a less loose fiscal policy in 'good times' would have cooled down the economies and likely prevented certain epic asset bubbles from growing so much.

But the economy as a whole wasn't really overheating before the crash.

Wait this is important. Someone is wrong on the Internet.

by generic on Thu Mar 18th, 2010 at 12:23:22 PM EST
[ Parent ]
how important are absolute debt levels?

Not really that important. We're only talking in these terms because of the Growth and Stability (suicide) Pact.

The brainless should not be in banking -- Willem Buiter

by Migeru (migeru at eurotrib dot com) on Thu Mar 18th, 2010 at 12:28:05 PM EST
[ Parent ]
Country                GDP growth         Budget deficit       Public debt
Germany 1.4% (2.0%) 5.5% (4.5%) 76.5% (79.5%)
What a paragon of fiscal virtue. It's a good thing it hasn't been violating the Growth and Stability Pact gross debt limit of 60 % every year since 2001... Oh, wait!

The brainless should not be in banking -- Willem Buiter
by Migeru (migeru at eurotrib dot com) on Thu Mar 18th, 2010 at 09:35:45 AM EST
[ Parent ]
"Time for the Truth"  Eliot Spitzer  HuPo

The Valukas report also exposes the dysfunctional relationship between the country's main regulatory bodies and the systemically dangerous institutions (SDIs) they are supposed to be policing. The NY Fed, the regulatory agency led by then FRBNY President Geithner, has a clear statutory mission to promote the safety and soundness of the banking system and compliance with the law. Yet it stood by while Lehman deceived the public through a scheme that FRBNY officials likened to a "three card monte routine" (p. 1470). The report states:

   "The FRBNY discounted the value of Lehman's pool to account for these collateral transfers. However, the FRBNY did not request that Lehman exclude this collateral from its reported liquidity pool. In the words of one of the FRBNY's on-site monitors: 'how Lehman reports its liquidity is between Lehman, the SEC, and the world'" (p. 1472).

Translation: The FRBNY knew that Lehman was engaged in smoke and mirrors designed to overstate its liquidity and, therefore, was unwilling to lend as much money to Lehman. The FRBNY did not, however, inform the SEC, the public, or the OTS (which regulated an S&L that Lehman owned) of what should have been viewed by all as ongoing misrepresentations.

The Fed's behavior made it clear that officials didn't believe they needed to do more with this information. The FRBNY remained willing to lend to an institution with misleading accounting and neither remedied the accounting nor notified other regulators who may have had the opportunity to do so.

The Fed wanted to maintain a fiction that toxic mortgage products were simply misunderstood assets, so it allowed Lehman to maintain the false pretense of its accounting. We now know from Valukas and from former Treasury Secretary Paulson that the Treasury and the Fed knew that Lehman was massively overstating its on-book asset values: "According to Paulson, Lehman had liquidity problems and no hard assets against which to lend" (p. 1530). We know from Valukas' interview of Geithner (p. 1502):

   The challenge for the government, and for troubled firms like Lehman, was to reduce risk exposure, and the act of reducing risk by selling assets could result in "collateral damage" by demonstrating weakness and exposing "air" in the marks.

Or, in plain English, the Fed didn't want Lehman and other SDIs to sell their toxic assets because the sales prices would reveal that the values Lehman (and all the other SDIs) placed on their toxic assets (the "marks") were inflated with worthless hot air. Lehman claimed its toxic assets were worth "par" (no losses) (p. 1159), but Citicorp called them "bottom of the barrel" and "junk" (p. 1218). JPMorgan concluded: "the emperor had no clothes" (p. 1140). The FRBNY acted shamefully in covering up Lehman's inflated asset values and liquidity. It constructed three, progressively weaker, stress tests -- Lehman failed even the weakest test. The FRBNY then allowed Lehman to administer its own stress test. Need we tell you the results?

'how Lehman reports its liquidity is between Lehman, the SEC, and the world'

How is that for "light touch" regulation? It would be interesting to know who first uttered that phrase in this context.

As the Dutch said while fighting the Spanish: "It is not necessary to have hope in order to persevere."
by ARGeezer (ARGeezer a in a circle eurotrib daught com) on Wed Mar 17th, 2010 at 10:26:34 PM EST
[ Parent ]
Chart of the Day: Financial, Household and Government Debt-to-GDP ratios  Edward Harrison, Credit Writedowns


The data are not good.

First of all, what this chart shows you is that the consumer is not deleveraging significantly (see Consumer credit down, but does it show deleveraging? and Why is everyone saying consumer credit is falling? It's not). Sure revolving debt (read: credit card debt) has fallen. But mortgage debt is still sky high. And on a debt to GDP basis, there really isn't a huge come down. Sorry, but that's what the data are saying. For an indebted household sector, this is bad news.

But, then you look at the other sectors and you see that the financial sector is deleveraging in a massive way. When I last looked the data, I concluded that the U.S. economy was wholly dependent on leverage in the financial sector to continue growing. So, the decreased financial sector leverage spells a lower growth future.

Finally, the government sector debt load continues to surge upward. Keynesians will tell you that the deficit spending that is the source of this increasing debt load is needed to increase savings in the private sector. However, it appears that most of the savings is being done in the financial sector and not in the household sector where it should be.

I see the data as an indication the private-sector deleveraging is only in its beginning stages and has much farther to go.


Cue The Carpenters: "We've Only Just Begun"

As the Dutch said while fighting the Spanish: "It is not necessary to have hope in order to persevere."
by ARGeezer (ARGeezer a in a circle eurotrib daught com) on Thu Mar 18th, 2010 at 01:02:51 AM EST
[ Parent ]
FT.com / World - Turner calls for powers to control asset bubbles
Regulators need new powers to control lending practices in targeted financial sectors and products to allow them to prick dangerous asset bubbles before they build up, according to the UK's top financial regulator.

Calling for a "radical reassessment" of global banking rules, Lord Turner, chairman of the Financial Services Authority, argued in a speech that politicians and regulators had to rethink the view that more lending and bigger markets are always better. They also needed to consider whether to impose transaction taxes and higher capital charges on banks to curb risky trading and financial activity that does not stimulate growth in the real economy.
...
Instead, governments could raise capital requirements for loans to overheated sectors, such as commercial real estate, or ban particular products, such as high-loan-to-value mortgages. Regulators may want to consider limits on borrowing by hedge funds to curb speculation.

"We need a new philosophical approach . . . which recognises that market liquidity is beneficial up to a point but not beyond that point, and dethrones the idea that more liquidity, supported by more trading, is axiomatically beneficial," said Lord Turner.



"Ce qui vient au monde pour ne rien troubler ne mérite ni égards ni patience." René Char
by Melanchthon on Thu Mar 18th, 2010 at 05:21:19 AM EST
[ Parent ]
They don't need new powers, what they need is the political will to do something about bubbles without fear of the serious people's inevitable accusations of party-pooping.

The brainless should not be in banking -- Willem Buiter
by Migeru (migeru at eurotrib dot com) on Thu Mar 18th, 2010 at 06:13:59 AM EST
[ Parent ]
True, but new powers that epitomise a new-found will to pop bubbles would be a positive statement.
by Metatone (metatone [a|t] gmail (dot) com) on Thu Mar 18th, 2010 at 08:34:31 AM EST
[ Parent ]
I'll believe it when I see them pop a bubble.

The brainless should not be in banking -- Willem Buiter
by Migeru (migeru at eurotrib dot com) on Thu Mar 18th, 2010 at 09:40:29 AM EST
[ Parent ]
FT.com / Columnists / Martin Wolf - China and Germany unite to impose global deflation
China and Germany are, of course, very different from each other. Yet, for all their differences, these countries share some characteristics: they are the largest exporters of manufactures, with China now ahead of Germany; they have massive surpluses of saving over investment; and they have huge trade surpluses. (See charts.)

Both also believe that their customers should keep buying, but stop irresponsible borrowing. Since their surpluses entail others' deficits, this position is incoherent. Surplus countries have to finance those in deficit. If the stock of debt becomes too big, the debtors will default. If so, the vaunted "savings" of surplus countries will prove to have been illusory: vendor finance becomes, after the fact, open export subsidies.

I am beginning to wonder whether the open global economy is going to survive this crisis.



"Ce qui vient au monde pour ne rien troubler ne mérite ni égards ni patience." René Char
by Melanchthon on Thu Mar 18th, 2010 at 09:03:55 AM EST
[ Parent ]
I am beginning to wonder whether the Euro will survive Germany's idiocy.

The brainless should not be in banking -- Willem Buiter
by Migeru (migeru at eurotrib dot com) on Thu Mar 18th, 2010 at 09:39:20 AM EST
[ Parent ]
Then what price the single market?

Then...

by afew (afew(a in a circle)eurotrib_dot_com) on Thu Mar 18th, 2010 at 10:31:16 AM EST
[ Parent ]
The Germans would have to be damn fools to go back to the costs and hassles of cross-currency activity.  If nothing else, their food prices would rise as there is no chance in hell - AFAIK - that the Danes and Poles are going to give-up the Euro, implying the German consumer would end-up paying for the costs of cross-currency transactions for both the importing and exporting companies.  

Politically, European stability, by that I mean "not shooting each other," stems from the Germany/French Post WW2 alliance.  Germany withdrawing from the Euro would certainly cause 'tensions' in that alliance and, to an extent I cannot comment on, put that alliance in doubt.  

Merkel & her band like to pretend they are oh so fiscally responsible but it's been demonstrated elsewhere in this diary that's a lot of malarkey.

All of which leads me to suspect Merkel & Co. are playing some kind of Game.  What Game and Who it is directed to/at are questions I defer to those who have greater insight.

by ATinNM on Thu Mar 18th, 2010 at 10:54:13 AM EST
[ Parent ]
Please cross-post as a comment to afew's FP story.

The brainless should not be in banking -- Willem Buiter
by Migeru (migeru at eurotrib dot com) on Thu Mar 18th, 2010 at 11:12:10 AM EST
[ Parent ]
that the Danes and Poles are going to give-up the Euro,

Was that a typo? Denmark is not in the Euro.

by gk (g k quattro due due sette "at" gmail.com) on Thu Mar 18th, 2010 at 11:15:05 AM EST
[ Parent ]
Danes and Poles are going to give-up the Euro

Brain Fart & bad way of putting it.

What I meant: these two nations would prefer to conduct business in the euro.

by ATinNM on Thu Mar 18th, 2010 at 11:15:38 AM EST
[ Parent ]

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