In the 1970s, there used to be this thing called the “Peter Principle,” which, paraphrased, held that people reach their own level of incompetence in life. Today things are different. We now have the “Woke Principle,” which goes even further, to say people who are incompetent simply rise like a Chinese surveillance balloon, and to continue the metaphor, may later suddenly pop.
It’s hard to believe Janet Yellen was Federal Reserve Chairperson (2014-2018). If not qualified, then she seemed at least marginally competent, reaching her Peter Principle zenith. Today, she’s Treasury Secretary in the Biden regime, and has fallen from those lofty heights as well as from America’s good graces. She’s about to pop. To be sure, it’s a hard job and hard times, but still, this is bad…
After two recent bank failures, Silicon Valley Bank and Signature Bank, Yellen was called to testify before the Senate Finance Committee on Biden’s 2024 preposterous and irresponsible budget proposal where Sen. James Lankford (R-Okla.) tried to get her to commit as to whether or not the deposits at all Oklahoma community banks would, from here on in be fully insured under the FDIC, just like Silicon Valley Bank and Signature Bank were. (SVB filed for bankruptcy on Friday.) He was referring to the moral hazard of having Americans mistakenly believe their deposits would be fully insured above $250,000 FDIC limits like the Valley oligarchs were, and he clearly didn’t believe that was, or would be the case.
Yellen said she didn’t want to encourage that line of thinking, adding that a bank would only get “that treatment” under the “systemic risk exception rule.” That takes a “supermajority,” along with the agreement of Biden and herself. The test is that “the failure to protect uninsured depositors would create systemic risk and significant economic and financial consequences.”
When asked about the insurance on CCP-linked deposits at the two banks on Thursday, Yellen could only muster a vague response to Sen. Lankford’s question, “Will my banks in Oklahoma pay a special assessment to be able to make Chinese investors whole from Silicon Valley Bank?” Yellen replied, “I suppose that could include foreign depositors. I don’t believe there’s any legal basis to discriminate among uninsured.” Say what?! Do you not see you are discriminating against Oklahoman depositors?! (Video here.) In a complete non sequitor, Yellen, with a straight face and bulging eyes, told the Senate, “the banking system is sound.” Yeah, right…Why then did former Chairman of the FDIC, William Isaac, tell Neil Cavuto on Fox News that “there’s probably going to be more failures along the way…the problem we have is the same one that we had back in 1970s when the government was out of control with its fiscal policies, its monetary policies, inflation set in, and banks were just not ready for that.”
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The FDIC was established after the Great Depression by the Glass-Steagall Act of 1933 to insure bank deposits. The first year, it was for $2,500 per depositor, and today is $250,000. It appears the SRE was promulgated in 1991 by the Federal Deposit Insurance Corporation Improvement Act, to include reporting and audit requirements for banks and winding-up procedures for insolvent banks, among other things, after the banking crisis of the 1980s. Some 1,600 banks had failed between 1980 and 1994. A number of factors caused it, including ineffective regulation of S&Ls and a dramatic collapse of prices of energy and real estate in a significant portion of the country (including mine.)
The FDICIA also encompassed “the least cost test,” which provided that the FDIC had to use the least costly method to provide FDIC insurance to depositors—selling the bank as a single entity, for example, or liquidating it and selling assets piecemeal. The FDICIA also had an exception to the least cost test, known as the systemic risk exception, which allows for a decision to protect uninsured depositors, too, even if it’s more costly, when complying with the least cost test “would have adverse effects on economic conditions or financial stability.
Systemic risk is defined, not at law, but in an FDIC working paper as “risk that arises because of the structure of the financial system and interactions between financial institutions.” Systemic risk may include systematic risk, which is “risk explained by factors that influence the economy as a whole,” and it includes risks caused by “contagion,” defined as “the transmission of losses or distress from one institution to another.” In terms of contagion, there are two kinds described as ‘asset price contagion,’ where, for instance, fire sales by a failing institution force mark-to-market prices down for all other institutions, possibly putting their balance sheets in jeopardy; and ‘counter-party contagion,’ where a transaction’s failing counter-party has a domino effect that negatively impacts other financial institutions.”
For SRE to be invoked, the FDICIA requires written recommendations from both the boards of the FDIC and Federal Reserve, with a 2/3 or more vote by each. At that time, the Secretary of the Treasury (here, Yellen) signs off after consultation with the President (here, allegedly Biden). Congress must then be notified. Despite increasing objections from many, it appears the law was likely followed to the extent it exists, and that discretion used was at least arguably authorized, even if only in that vaguely and disturbingly opaque and oblique administrative law way of the executive branch.
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However, that does not mean opponents of the invocation of the SRE are wrong. They are not. First, while it may not be expressly provided for, implicit in the relevant law is that the problem at hand needs to be corrected. In other words, while being true to the letter of the law, one must follow the spirit of the law, too. The law is clear, at least interstitially, that the idea isn’t to spend good money after bad, or vice versa, and therefore, a solution must also be found for the problem.
While there appear to be safeguards built into the system, by virtue of the numbers required to sign off, these entities are intensely political and divided, despite the fact the Federal Reserve is supposed to be independent and devoid of partisanship. It must not only appear independent, but be independent in fact. And it just doesn’t look that way to many. They need a better explanation than what Yellen managed to muster on Thursday because she, and the Fed she once chaired, have lost credibility with many people.
That so many are up in arms about these recent bailouts is definitely not dispositive of whether there is a systemic risk to the banking infrastructure, but it is at least suggestive there is a possibility, however slight, that there might not be to the extent of invoking the SRE. Was this possibility deliberated, and how was the decision reached? And why is there not a public disclosure of which banks are deemed to be “too big to fail” or systemic risks enough to trigger the exception? Depositors might like to know. After all, having big banks with outsized Chinese deposits being bailed out by American taxpayers is offensive to said taxpayers, especially when their own regional or local banks are not given the same deference. They are suffering from both the causes and effects of these decisions by people who are unelected and unaccountable.
Second, just because you can do something doesn’t mean you should. Bailing out all depositors having over $250,000 in a bank when the law is clear that is supposed to be the limit requires the taxpayer to be on board and trust the system while you’re exploiting an exception that has only been used once before. (Then it was for the 2008 Financial Crisis where Lehman Bros. was allowed to fail, but the SRE did not stop the Global Finance Crisis, so there’s that…).
Many simply do not trust this system. This is because mistakes were made in the Fed, which Yellen once chaired and Powell has chaired since then. That at least one of the entities signing off on this exception are complicit in the underlying problem (by ‘fighting’ inflation by sudden and drastic interest rate increases after way-too-long ‘loose’ monetary policy along with uncontrolled and spiraling fiscal spending) means there could be a perverse incentive to do that which is not in America’s best interests. There have also been regulatory failures at a more pedestrian level that seem rife for repeat along with the moral hazard that entails.
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Concerns are only heightened when we learn that in addition to the SRE, the Fed on March 12th created the “Bank Term Funding Program,” designed to give banks, savings associations, and other institutions Fed-backed loans for up to a year “to help assure banks have the ability to meet the needs of all their depositors,” according to the Federal Reserve press release. So far, $11.9 billion has been borrowed.
And already, 90-day bank borrowing from the Fed’s discount window, is a whopping $153 billion this week, well exceeding the prior record during the 2008 crisis of $111 billion. The BTFP may, in fact, be a wise prophylactic, but as a person bailing out the system, I’d rather see regulators do their jobs in an even-handed, honest, and prudent manner and bypass all these tests altogether. Because when push comes to shove, it isn’t really the FDIC who is insuring these depositors: it is the weary and abused taxpayers of this once-great nation.
Confidence wasn’t instilled in the minds of hard-working, tax-paying Americans when Yellen testified in the Senate Finance Committee hearing that her boss’ policies led to the massive inflation crisis that led to the rapid interest rate hikes that in turn led to the ongoing banking crisis. How much worse can it get, we are left to wonder with fear and trepidation. (According to The Wall Street Journal, since February 2020, the Fed increased the nation’s money supply by a staggering 40%. To some experts, it explains why the U.S. is experiencing its highest inflation rate since 1981.)
The Federal Reserve has been, after all, devaluing the otherwise prudent balance sheets of all banks, not only SVB and SB. Yellen stammered through the hearing, saying a bit incoherently, “My understanding is that the bank, to meet liquidity needs had to sell assets that it expected to hold to maturity and given that the interest rate increases that have occurred since those assets, including treasuries–and government-backed–mortgage-backed securities they had lost market value.” (Video here.) There was a systemic failure: failure of regulators to do their jobs!
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On Thursday, the Federal Reserve announced the “FedNow” program that will begin in July, probably after additional and foreseeable bank failures. Available 24/7/365 for instant bill payments, money transfers, and government disbursements. It is operated by a consortium of large banks (too big to fail, one would hope) rather than blockchain technology. Certification begins in April. Proponents claim this program cite ‘equity’ and that it will ‘bank’ the ‘unbanked.’ Opponents fear it’s a start of digital currency used to surveil financial transactions and requiring intrusive digital IDs which violate one’s privacy. Add another objection now: it relies on an insecure consortium of banks for its backbone. The timing, once again, couldn’t be worse.
And on Friday, it was reported the Fed would likely raise interest rates 25 basis points at its next meeting on March 22nd in a frantic attempt to continue to try to tame what has become known as Bidenflation. The Fed has raised rates seven times, totaling 450 basis points, in 2022 already.
Some would undoubtedly claim I’m being way too charitable to these oligarchs. Perhaps. Economics is a challenging assignment, though. I’m admittedly not an ‘End the Fed’ or ‘Screw the Banksters’ type. The Federal Reserve and banks provide a strong societal backing most of us rely on in our personal and business endeavors. We do, however, need to trust these people we are entrusting in non-elected positions of significant power. To taxpayers in the middle or upper-middle classes, who are needed to pay the bulk of taxes in the U.S. today, there is a real disconnect when Silicon Valley start-ups, established tech firms, and Chinese speculators and venture ‘capitalists’ (hugely in aerospace and defense ventures, no less!) and who are all advised well enough to know the $250,000 rule, get bailed out when the taxpayers, as depositors at local or regional banks may not be under what appear to be otherwise identical circumstances.
The next proverbial shoe to drop is likely Credit Suisse which will catapult America’s banking crisis into a global one. Another good timing situation as the world tiptoes into World War III…