Finance
Paulson's Fantasy
Those in the world of finance have seen things happen in the past 10 days which they never could have imagined. The Fed/Treasury pulling the plug on Lehman Brothers, before the market did so, an extortionist 'bail out' of AIG, money funds breaking a buck, 20-50% moves in some financial stocks (over $10), and now to top it off, comes Paulson with his 'plan'.A few choice items from the Pauly Plan:
Authority to Purchase.--The Secretary is authorized to purchase, and to make and fund commitments to purchase, on such terms and conditions as determined by the Secretary, mortgage-related assets from any financial institution having its headquarters in the United StatesSo lets take a look at this. Paulson is going to 'designate' certain financial institutions - who were probably either a holder or seller of the various bad debts and derivatives - to act as his agent. We assume this shall be to buy, hold auctions and value these securities. And of course, pocket what will likely be some substantial fees.
Necessary Actions.--The Secretary is authorized to take such actions as the Secretary deems necessary to carry out the authorities in this Act, including, without limitation:
(3) designating financial institutions as financial agents of the Government, and they shall perform all such reasonable duties related to this Act as financial agents of the Government as may be required of them;
Sec. 5. Rights; Management; Sale of Mortgage-Related Assets:
(b) Management of Mortgage-Related Assets.--The Secretary shall have authority to manage mortgage-related assets purchased under this Act, including revenues and portfolio risks therefrom.
The Secretary’s authority to purchase mortgage-related assets under this Act shall be limited to $700,000,000,000 outstanding at any one time
Sec. 8. Review:
Decisions by the Secretary pursuant to the authority of this Act are non-reviewable and committed to agency discretion, and may not be reviewed by any court of law or any administrative agency.
For purposes of this section, the following definitions shall apply:
(1) Mortgage-Related Assets.--The term “mortgage-related assets” means residential or commercial mortgages and any securities, obligations, or other instruments that are based on or related to such mortgages, that in each case was originated or issued on or before September 17, 2008.
Paulson will also manage the portfolio of assets the Treasury buys. We wonder though, where will the expertise come? Does the Treasury Dept. have on hand staff who are versed in RMBS, CMBS, CMOs, CDOs, CDO2, CPDOs? Or will Paulson fall back at his agents at Goldman Sachs or JP Morgan to value these assets? And wasn't that the root of the problem? And by the definition above, Paulson can buy all of those and probably a few other things nobody has heard of yet.
The press keeps bleating about this being a $700B bailout but in fact, it can be much larger. Paulson will be allowed to keep $700B at any one time on his books. So as some paper matures or is sold, he will be able to buy more distressed assets.
Perhaps the most offensive portion of the Paulson proposal is his coronation as Financial Emperor of the World. Nobody, not even the Spanish Inquisition, may ever challenge any decision he makes going forward with this plan.
But the most glaring error in this whole plan - what makes it a complete fantasy - is that he has no authority to force anyone to sell things they do not wish to sell. Will Paulson show bids sufficiently high to attract selling interest? After all, if a bank or other investor has been holding a CDO tranche they believe will be worth at least 40 cents (or perhaps much more), why would they hit Paulson's 10 cent bid when they chose not to hit the same already? And why, if a firm has already written down as unrealized loss or impaired 70,80 or 90% of an asset, would they sell it to Paulson and then lose any upside while turning an unrealized loss into a realized one?
The Paulson plan, just like all prior actions by the Fed, SEC and Treasury Department, is too little, too late, ill conceived and reactionary. As it stands now, it will have limited, if any, positive effect.