Still, Leonhardt’s and the academics’ theory explains much of the current crisis, as he explains in distinguishing their idea of “looting” from classic moral hazard:
With moral hazard, bankers are making real wagers. If those wagers pay off, the government has no role in the transaction. With looting, the government’s involvement is crucial to the whole enterprise.
Think about the so-called liars’ loans from recent years: like those Texas real estate loans from the 1980s, they never had a chance of paying off. Sure, they would deliver big profits for a while, so long as the bubble kept inflating. But when they inevitably imploded, the losses would overwhelm the gains. As Gretchen Morgenson has reported, Merrill Lynch’s losses from the last two years wiped out its profits from the previous decade.What happened? Banks borrowed money from lenders around the world. The bankers then kept a big chunk of that money for themselves, calling it “management fees” or “performance bonuses.” Once the investments were exposed as hopeless, the lenders — ordinary savers, foreign countries, other banks, you name it — were repaid with government bailouts.
In effect, the bankers had siphoned off this bailout money in advance, years before the government had spent it.
When you look at it in this light, doesn’t the case for clawing back some of those ill-gotten gains look much better? Think about Warren Spector of Bear Stearns who was fired in 2007 and made out like an, um, bandit. Think he should cough up some of that $600 million he made from 1992 to 2006?
Leonhardt is right to say there’s nothing we can do about this crisis now. This goose is cooked. Without bailouts the system will just shut down and I’ll finally get to fulfill my longtime wish of seeing what life really was like for my grandparents in Dust Bowl Oklahoma.
But it’s imperative to end the government “put” as best we can. Here’s what Leonhardt and his economists suggest:
But the future also requires the kind of overhaul that Mr. Bernanke has begun to sketch out. Firms will have to be monitored much more seriously than they were during the Greenspan era. They can’t be allowed to shop around for the regulatory agency that least understands what they’re doing. The biggest Wall Street paydays should be held in escrow until it’s clear they weren’t based on fictional profits.
Above all, as Mr. Romer says, the federal government needs the power and the will to take over a firm as soon as its potential losses exceed its assets. Anything short of that is an invitation to loot.
Great. That’s all needed.
But we also need to shift our thinking about antitrust laws and banking-merger regulations. If companies are “too big to fail”, they’re too big to exist. Prevent them from getting so big and break up the ones that already are. This is imperative (and it is not limited to banks), and it amazes me that it isn’t mentioned more in the press.
Sure, we’ll lose some of the “efficiencies” that arise from having a Bank of America on every corner. But we’ll return banking more to its roots in the communities, prevent the government from having to bail out ones that get into trouble, and eliminate some of the trickle-up effects on pay disparity. CEO’s can’t get paid as much if they have far less revenue. Plus, I’d think owners are better operators and more attuned to their community’s needs than salaried branch and regional managers.
And hey, newspapers: More companies means more advertisers. Remember the days before Wal-Mart?

Leonhardt does not do a particularly good job of connecting the dots here. "Promised bailouts mean that anyone lending money to Wall Street — ranging from small-time savers like you and me to the Chinese government — doesn’t have to worry about losing that money." This is talking about depositors, bond holders and stock owners.
But then he shifts gears to the bankers. "Bankers can make long-shot investments, knowing that they will keep the profits if they succeed, while the taxpayers will cover the losses."
I think what he should make the link explicit: bond holders, depositors and, to a lesser extent, shareholders are able to invest in banks knowing that the if the banks fail the taxpayers will cover the losses.
Think about it, bankers have moral hazard (incentive to loot) even when the government lets a bank fail. There are no claw-backs on bonuses.
#1 Posted by Chris Corliss, CJR on Wed 11 Mar 2009 at 12:15 PM
Excellent point, Chris.
The bondholders, shareholders, and depositors all are getting bailed out, too, but those are just backdoor ways of bailing out the bankers. If those guys didn't get bailed out, the bankers wouldn't get their huge pay packages.
Bondholders don't have enough fear for their investments, which causes them to accept lower returns, which makes it artificially cheaper for banks to fund themselves, which does a number of things, including inflating the amount of credit they can issue.
Shareholders, as you say, pretty much get screwed, unless they're lucky enough to get out before the stock collapses. Citigroup, after all, is down 97 percent from its peak and its shares are lower than they were in 1987.
I don't see a way of getting around the depositors' moral hazard, though, and I don't think it's that much of a problem compared to the other issues, especially execs and bondholders. We can't expect Gramps to do due diligence on whether his local bank has adequate Tier 1 capital ratios.
As for no clawbacks on bonuses, there should be. I suspect that will be a part of the new regulatory regime. I imagine we'll see clawbacks in the form of civil judgments and criminal fines over the next few years as this stuff winds its way through the courts (an undercovered story, I think).
Sort of related, see this interesting comment over at Cafe Hayek on bankers' rent-seeking (comment is by Martin Brock at 11:20 a.m.).
#2 Posted by Ryan Chittum, CJR on Wed 11 Mar 2009 at 12:39 PM
Good old Days
Shopping Centers with Sears-Penney-Dillard-
three super markets etc
S&L 1981 Law
must be locally owned by 400 Local Investors.
Changed to ONE owner.
charles keating-david paul-hugh mccoll--michael milken
S&L assests used by Milken to do Hostile Takeovers of Corporations.
Stripped assets.
Sold parts.
Big Layoffs.
Milken earned 550M in one year from his
takeovers.
S&L DEATH
Why not let BIG GAMBLING INSTITUTIONS GO UNDER?
Roll big bucks hit Snake eyes. Sorry buster. You lose.
WALL STREET--RICH MAN'S GAMBLING CASINO
#3 Posted by clarence swinney, CJR on Sat 14 Mar 2009 at 11:42 AM