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Thursday, October 30, 2008
Terry Jeffrey :: Townhall.com Columnist
Will Government Give up Ownership in the Banks?
by Terry Jeffrey
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Sweeping acts of government power are certain to have unintended consequences. Americans have seen this truth played out in the conduct of recent wars.

But what are the potential unintended consequences of the sweeping move the government is making now to purchase $250 billion worth of shares in American banks?

One possibility: Government holds the banks indefinitely.

The bailout law hastily enacted by a frantic Congress before its members scurried out of Washington to campaign for re-election does not require the government to surrender the assets it buys from the private sector.

Nor does the law plainly say the government can buy an ownership interest in banks. What it does say is that between now and Dec. 31, 2009, the treasury secretary is authorized to buy "troubled assets." What are those? The law provides two definitions.

Definition "A" is: "residential or commercial mortgages and any securities, obligations, or other instruments that are based on or related to such mortgages." This is probably what many Americans understood to be the target of the bailout.

But definition "B" is a wildcard. It includes "any other financial instrument that the secretary, after consultation with the chairman of the Board of Governors of the Federal Reserve System, determines the purchase of which is necessary to promote financial market stability ... ."

This is the language used to justify government buying stakes even in financially sound banks.

The language controlling what the government must do with these assets once it owns them gives great "flexibility" to the treasury secretary. It says: "The secretary is authorized to take such actions as the secretary deems necessary to carry out the authorities in this act, including, without limitation, the following: ... In order to provide the secretary with the flexibility to manage troubled assets in a manner designed to minimize cost to the taxpayers, establishing vehicles that are authorized, subject to supervision by the secretary, to purchase, hold, and sell troubled assets and issue obligations."

In "minimizing cost to the taxpayer," how long can the secretary "hold" these assets? The law sets no limit.

"We can hold them for as long as we want," Treasury spokesperson Jennifer Zuccarelli told Matt Cover of CNSNews.com earlier this month.

To be sure, permanent government ownership in the banks is not Secretary Paulson's intended consequence. But he won't be treasury secretary next year.

The plan drawn up by Treasury clearly envisions the government selling the stock back to the banks. It also hedges against elected officials using government ownership of the banks for their own political advantage by giving oversight over these stocks to the federal bank-regulating agencies: the Office of Thrift Supervision; the Office of the Comptroller of the Currency; the Federal Reserve; and the Federal Deposit Insurance Corp.

According to the details published by Treasury last week, a bank (a "qualified financial institution" or QFI in the lingo of the plan) can seek to buy its shares back from the government in the first three years of the plan if it can raise 25 percent of the value of the shares by selling stock elsewhere. After three years, a bank can opt to buy back its shares at any time. But all stock buy-back decisions, before and after three years, "shall be subject to the approval of the QFI's primary federal bank regulator."

Giving federal regulators the power to approve or disapprove a bank's decision to buy back its own stock is not unique to the bailout deal. In all circumstances, a bank must get approval from federal bank regulators before it can make a significant expenditure that would reduce its capital.

The regulatory agencies will make their decisions based on judgment calls about the financial safety and soundness of particular banks.

But the bottom line is that banks are not guaranteed they can buy back their stock.

The Treasury plan, meanwhile, creates at least two incentives for elected officials -- and their appointees -- to seek to maintain government ownership in the banks. First, the banks the government takes ownership in must follow government rules controlling compensation for top executives. Secondly, the banks must pay the government a 5 percent annual dividend for the first five years and a 9 percent dividend "thereafter."

That means that the $250 billion in bank shares Secretary Paulson plans to buy now will initially pay the Treasury $12.5 billion in annual dividends before ballooning to $22.5 billion in late 2013.

Three years from now, the season will be ripe for banks to begin trying to buy back stock. The political season will also be ripe. Early presidential primaries, and a new congressional election year, will loom. The resilient American economy may be on an upswing then -- no matter what politicians do to it the meantime.

And some incumbents may be tempted to legislate and campaign, saying: We saved the economy by bringing to heel the greedy bankers who caused the financial crisis of 2008. So, we are going to keep the government's shares in the banks and use the $22.5 billion in annual dividends to cut taxes for everybody who makes less money than Joe the Plumber.

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About The Author

Terence P. Jeffrey is the editor-in-chief of CNSNews

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©Creators Syndicate
I often...
... disagree with Mr. Jeffrey, but he's right on here. I've been wondering about this myself, and regardless of who wins this election I am worried about how this will play out. Government ownership of ANYTHING is typically a bad idea. Government ownership of banks cuts to the root of the economy. This will not turn out well.

Thin Ice
The government temporary ownership of banks is a dangerous place to tread, especially if Obama makes it into the White House. The temptation to socialize and nationalize the banking system may prove too much for this extremist, illuminati loon with the Messiah complex.

Panic=Bad Decisions & Consequences
And to the banks we add Freddie and Fannie, AIG, the decision by treasury to "invest" in insurance companies, the $25 billion to the auto industry, more help for the auto industry already being discussed, and spending as much as another $300 billion or more to prop up mortgage holders who either can't make their current payments, or who now have homes whose mortgages are far higher than the value of the house.

What about these as well? Laffert, an economist during Reagan's time wrote quite an article the other day that was posted at http://www.realclearpolitics.com. In it he pointed out that when governments panic, as happened with Nixon in 71 (froze the dollar, went off the gold standard, etc), and Carter in 78 (capped oil pricing etc), the consequences are almost always bad - because it has no idea of what it is really doing. Instead, it simply distorts the market and rewards bad economic decisions while penalizing those who make good decisions.

And make no mistake, everything about this bail-out reeks of panic. But rest assured, we are going to be living with these consequences for a very long time.

Answer a Question with a Question
Has the government ever given up ownership of anything? Has the government ever reversed any infringement on the Constitution? After Obama, Pelosi, and Reid finish using taxes from productive people to buy the votes of unproductive people, will the government ever be able to take even one step back from socialism?

New 500 bil mortgage plan smells fishy
Sounds to me that if government, is now backing these mortgages that are being foreclosed on. they're just bailing out the PMI Companies that defaulted.
That the government is still pushing for mortgagaes to be given to people can't afford them and have not reined in HUD
and borrowing standards.

FtC
Your list of the usual suspects does not include McCain, Paulson, Bush, McConnell, nor Bohner, the GOP leadership, two of which orginated the bailouts, and the rest who voted for them. Why is that? This isn't just a Democratic give-away, it's also a Republican Give-away.

Give up Ownership in the Banks?
Why would politicians do that? It's their dream scenario: They get access to a direct funding stream without even having to increase taxes. It puts a new meaning to the game I own called "Lie, Cheat, and Steal, the Game of Political Power". Politicos will be able to greatly expand the definition of their being slimeballs par excellence.

To Redlac
Yes, the Republicans have been almost, if not completely, as bad as the Democrats in ignoring the Constitution and increasing the size of government. I would love to vote Libertarian, but that would be one less vote against Obama and sure, self-admitted, probably irreversible socialism. I would prefer that we go socialistic at a moderate rate than arrive there full-blown in 2009. A Republican president may have proposed the bail-out, but a Democrat congress passed it without even provisions to stop bad mortgages.

Government Ownership
Since when does the government ever relinquish control of something once they have it in their grubby hands?

Conservatives, Republicans, ...
disgruntled Democrats, Hillary supporters, and anyone else who believes an Obama presidency would be disastrous...

VOTE!!!

Obama hasn't won this election. It hasn't even occurred yet. Don't let the propaganda depress our voice. Do not sit at home on election day. It may be the most important vote you ever cast. Don't let them tell you there's no chance. Don't let them get the better of you. If you do nothing else in support of John McCain this election cycle, go vote on November 4th. Do not hand this thing over willingly. Put up some fight, at least.

Republicans, Conservatives, ...
disgruntled Democrats, Hillary supporters, and anyone else who believes an Obama presidency would be disastrous...

VOTE!!!

Obama hasn't won this election. It hasn't even occurred yet. Don't let the propaganda depress our voice. Do not sit at home on election day. It may be the most important vote you ever cast. Don't let them tell you there's no chance. Don't let them get the better of you. If you do nothing else in support of John McCain this election cycle, go vote on November 4th. Do not hand this thing over willingly. Put up some fight, at least.

just a crazy idea ...
not sure if this idea would work since I'm not a fiscal policy wonk and don't have the numbers, but what if the $700 billion was given to banks to set up retirement accounts, i.e. privatize Social Security?

1) the gov't would no longer have obligations to pay those who opt for privatization (however, the gov't would no longer collect taxes either)
2) the banks could lend the money since most people would leave it in there
3) people wouldn't feel too bad about the bailout since suddenly they'd have big, fat retirement accounts filled with moolah

for example, 7 million people x $100,000 = $700 billion.

not sure how real numbers would work out tho since that ain't my thing ... also, you'd have to watch over the banks more carefully, of course

Yes another ignorant wrote
This ignorant that of Jeffrey, telling the American people that the very Federal Government that created the meltdown in the first place, will now run things in such a smooth way for an even great benefit to the American people! Simply beyond any human understanding.



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