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Agarwal
1
Akhilesh Agarwal
15 November 2015
A build up to the 2008 Crisis, The Downfall of Financial System and the New Fear
The turbulence caused by Bear Stearns that rocked global financial markets was only surpassed
on September 15th, 2008, when Lehman Brothers came flaming down upon the prescient, ever-‐
knowing minds of Wall Street. Bear Stearns started the fire; Lehman Brothers, AIG, Merrill Lynch
and Wachovia were just a few of the many financial institutions that burned together.
Several businesses, trillions of dollars of wealth and millions of lives were destroyed because of
the gratuity awarded to a parade of financial engineering manipulations. The social safety net
was expanded and large-‐scale fiscal stimulus programs were enacted to combat the recession
caused by financial distress. [1]
Financial engineering gimmicks were just the prologue in the book that led to the collapse of the
global financial system in 2008. A cushion was created for employees that were excessively risk-‐
seeking, through the courtesy of a lop-‐sided reward system. An array of banking practices,
especially through subprime mortgages and excessive leverage employment, drove the financial
system into a trench. Soaring housing prices between the time period of the Savings & Loan Crisis
and 2007 [2]; rating agencies, in conjunction with terrible regulation, concluded the last chapter
that led to the financial collapse.
Two of the many protagonists that were precursors to the great collapse of 2008 included the
bond bubble and the housing bubble. The housing bubble was rife with problems of leverage, lax
regulation, unethical compensation practices and smart financial manipulations. According to a
survey conducted by Case-‐Shiller, US citizens expected a 22% guaranteed profit per year, which
was certainly unattainable in the stock market, on houses that they bought with up to five times’
leverage.
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We have learnt from the South Sea Bubble and the case of the Tulip Bulbs in the Netherlands,
that we are unable to prevent asset price bubbles. [3] Probabilities of default were
underestimated due to low risk spreads over Treasuries, inflating bond prices, which at that time,
was an event in synergy with the housing bubble.
There was some truth in the fact that one could earn a vast sum of money through real estate.
The bursting of the Internet Bubble in 2000 [4] deterred American citizens from investing in Silicon
Valley and instead, they took to safer investments in the housing scenario. Banks encouraged the
US citizens by allowing them to take out mortgages on new houses at extremely high leverage
ratios. It became too easy for just about anyone to own a home in America. This was the first
letdown by financial regulators in a series of failures.
Houses became akin to ATMs as homeowners effectively used the spread between the
refinancing rates and their original mortgage to obtain larger mortgages and cash. To fuel this
kindling fire, the Federal Reserve held the short term interest rates low in 2003 and 2004, marking
the observable beginning of the housing bubble; observable – in retrospection.
Tinkering with the pooled assets that formed the Mortgage Backed Securities (MBS), the
engineers of Wall Street came up with forms of investments called ‘Collateralized Debt
Obligations’ (CDOs) that essentially grew the housing bubble. Tranches that had the least
credibility, also called ‘toxic waste’, were repackaged into whole new CDOs which had their own
tranches. Financial regulators failed yet again.
AIG oversold another marvel of financial engineering called Credit Default Swaps (CDS), which
was a novel insurance tool, posing as a derivative, created to pay the holders of debt instruments
on default. The default rates were low which brought about a feeling of false security to insurers
such as AIG. Despite all the warning signs, the risk in the AIG derivatives portfolio was exorbitant
and no one expected the chain reaction that eventually led to the financial crisis. [5]
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Prevention of market collapses, minimization of costs to taxpayers and limitation of contagion
from one sick institution to another are the main roles of financial regulators. The Federal
Reserve, the Office of the Comptroller of the Currency, the Office of Thrift Supervision and the
Federal Deposit Insurance Corporation were the regulatory watchdogs during the period of the
crisis and the years leading up to it. Some of the appalling underwriting practices that were
rampant during the time could have been abolished with the combined power of these regulatory
bodies, but they weren’t.
There was a plethora of warning signs as the enormous growth in lending rung no bells within
the regulatory system. Media reports that spoke about risky lending practices in the subprime
mortgage sector were frequent. Edward Gramlich warned Alan Greenspan in 2000 about the
imminent crisis. The OCC, FDIC, OTS and the Federal Reserve announced that they were getting
around to cracking down on the disgraceful subprime lending practices, which they never did.
Two of the most influential people of the time, Hank Paulson, Secretary of the Treasury and Ben
Bernanke, Chairman of the Federal Reserve were confident that the problems in the subprime
mortgage sector were isolated and would not contaminate the rest of the financial system.
The roots of the financial crisis can be traced back to the Federal Reserve’s decision of lowering
interest rates, leading to massive misallocation of resources and a distorted capital structure. [6]
To fight this economic downturn, the Federal Reserve announced two new liquidity-‐providing
facilities on December 12, 2007. Currency swaps with foreign central banks and Term Auction
Facilities were introduced. Walter Bagehot, a British journalist from the mid 19th century,
believed that during times of financial crises, the central bank ought to lend freely, against good
security but at high interest rates. According to Bagehot, “the way to cause alarm is to refuse
some one who has good security to offer.” [7] This principle was the basis of the Term Auction
Facility.
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The Federal Open Market Committee (FOMC) faced two major problems – a provision for massive
amounts of liquidity was required and interest rates needed to be cut to fight the looming
recession. A mixture of Keynesian Economics [8] and Bagehot’s Principle had to be adopted to
save the economy from the downward spiral the subprime mortgage business drove it into.
A big player in the mortgage business was Bear Stearns. Between the years 2000 and 2008, the
top five in the management team took home $1.4 billion in stock sales and in cash, credited to
the reward system at the company – a clear failure of the board. Bear made enemies by refusing
to buyout its share of the Long-‐Term Capital Management (LTCM) during the peak of the 1998
financial crisis, leaving a bitter aftertaste which Wall Street remembered in March 2008. Bear
was considered the weakest in the ‘Bulge Bracket’ and by the end of 2007 it was borrowing over
$100 billion in overnight repos. To counter the fall of Bear Stearns, the Federal Reserve invoked
a clause of the FRA, Section 13(3) – which has now been amended by the Dodd-‐Frank Act. The
clause allowed the supermajority of five of the seven governors to make emergency loans in a
state of emergency. In March 2008, JP Morgan Chase announced that it would purchase Bear
Stearns, with the Federal Reserve putting its own money at stake.
Lehman Brothers was the next company that fell victim to the contagion of 2007 and 2008. AIG
had to be nationalized to salvage billions of dollars in wealth, the second major instance when
the Federal Reserve invoked the Section 13 (3) clause to pump in $85 billion to AIG. The Federal
Reserve could have invoked the same clause to save Lehman as they did with Bear and AIG, as
the Federal Reserve did not require a congressional approach. It was authorized by Section 13 (3)
of the FRA to lend to anyone; dicey mortgages of Bear Stearns were accepted on March 14th,
questioning the ‘good collateral’ doctrine of Bagehot’s principle but Lehman was given no loan.
The Federal Reserve and the Treasury sought damage control when it became apparent that the
subprime disease had spread out too far and wide. $50 billion was given to the insurance fund
for money market balances from the Exchange Stabilization Fund (ESF). This was the first instance
of the US Treasury putting its own money at stake. This was another case of bending the law to
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meet unexplained needs – If the Treasury was allowed to use the ESF, it should have been
perfectly legitimate for the Federal Reserve to loan out emergency funds to save Lehman, or to
at least, have been allowed the use of the ESF for Lehman.
Ben Bernanke considered the three options that he was left with to save what was left of the
once strong and mighty financial system. The Federal Reserve could lower the federal funds rate,
beyond 1%, with the help of the FOMC. The FOMC could also hold its overnight rate low, allowing
for a reduction in long term interest rates and the Federal Reserve could acquire more financial
institutions to save them from defaulting – the Fed’s balance sheet read $2,262 billion on
December 11, up from $924 billion a week before. The new monetary policy was a combination
of all of these recommendations. The FOMC started the expansion of its balance sheet, lowered
the federal funds rate below 25 basis points and announced that long term interest rates would
be maintained close to 0.
The Federal Reserve should have injected capital directly into banks by buying their common
stock, as George Soros, Paul Krugman and Joe Stiglitz suggested, and as Federal Reserve
Chairman, Bernanke intended. Holding the interest rates at lower than 1% percent was a good
decision by the FOMC, but the announcement of its long term maintenance allowed for a skewed
precedence to be set. The Federal Reserve created the Asset Backed Commercial Paper Money
Market Mutual Fund Liquidity Facility (AMFL) to buy asset backed commercial paper from money
market funds. This move was made to provide liquidity to banks at low interest rates. In short,
the Federal Reserve floored interest rates, creating a massive amount of liquidity and purchased
assets to expand its balance sheet and issued guarantees that would have previously been
considered unimaginable
Meanwhile, the Treasury had enlisted the aid of Philip Swagel and Neel Kashkari to set up the
Troubled Assets Relief Program (TARP). The TARP, also called the Paulson Plan, was introduced
to buy toxic assets, guarantee assets and refinance home mortgages into loans. As a provision of
the TARP, Hank Paulson was given $700 billion to buy failing assets, mainly those of Freddie Mac
Agarwal
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and Fannie Mae. The TARP, despite its weaknesses, kept the economy afloat and rescued the
banking and auto industry.
On the whole, certain practices that led to the downfall in 2008 have been scrutinized, and
various laws have been enforced to prevent a disaster of this magnitude in the future. The
Financial Stability Oversight Council (FSOC) was created as a part of the Dodd-‐Frank Act. The main
role of the FSOC is to properly scrutinize the operations of financial institutions that have been
deemed “too big to fail” and “too interconnected to fail”. Executive compensation came under
scrutiny with the introduction of the Dodd-‐Frank Act, compensation is to be set according to
regulatory guidelines and companies are to have independent compensation committees.
Regulations on trading in the derivatives market has been imposed by the Volcker Rule. Predatory
mortgage lending has been banned by the Consumer Financial Protection Bureau (CFPB).
According to the Treasury Proposal in 2009, the OTS and the OCC were merged into one entity
and the Securities and Exchange Commission (SEC) and Commodities Futures Trading
Commission (CFTC) were to remain separate. [9]
All said and done, the fact remains that the key interest rate today is close to 0. The Federal
Reserve cut interest rates from close to 5.25% by the end of 2007 to 0.25% by the start of 2009,
a 5% drop in almost 15 months. There is enough reason to believe that in case a financial crisis
hits us again, the Federal Reserve does not have its most significant weapon, locked and loaded.
There is also enough reason to believe that there might be another crisis soon – a second bubble
in the technology industry is growing, with companies in Silicon Valley being over-‐valued causing
the value of each additional successful startup to rise, synonymous to the snowball effect. CDOs
are being brought back into the market with StoneCastle Financial being just one of the
companies behind this operation. The advent of CDOs will give rise to the ‘shadow banking’
system once again as financial engineers will work around existing laws to build new investment
vehicles.
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The financial system today is stronger than before with banks having built up capital and the
government having filled in certain regulatory holes. [10] But the next crisis will not be exactly the
same as the Great Depression of 1929 or the Financial Crisis of 2008. The fear now is that all new
laws that have been enacted might be too focused on resolving specific issues that should have
been dealt with back during the early 2000s. The looming crisis will bring about its own set of
problems. More capital needs to be accumulated for the respective bodies to fall back upon to
use Keynesian theories effectively.
Citations:
[1] Michael Lewis. The Big Short: Inside the Doomsday Machine. February 2011. Print
[2] Kathleen Day. S & L Hell: The People and the Politics Behind the $1 Trillion Savings and Loan
Scandal. May 1993. Web
[3] John Kenneth Galbraith. A Short History of Financial Euphoria. July 1994. Print
[4] Anthony B. Perkins. The Internet Bubble. September 2001. Print
[5] David Paul. Credit Default Swaps, the Collapse of AIG and Addressing the Crisis of Confidence.
May 2011. Web
[6] Thomas E. Woods Jr. Meltdown. February 2009. Print
[7] Walter Bagehot. Lombard Street: A Description of the Money Market. April 1999. Web
[8] Akhilesh Agarwal. The Real Conflict of the Great Depression, Interwar Years and the 2008
Crisis. October 2015. Print
[9] Alan S. Blinder. After The Music Stopped: The Financial Crisis, The Response, and the Work
Ahead. October 2013. Print
[10] Clive Crook. What if the 2008 Crisis Comes Around Again? August 2015. Web