Does India Intervene Too Much in Business?

Dhiraj Nayyar writes: India’s central banker Raghuram Rajan certainly cheered investors with his second surprise rate cut in less than two months: The country’s benchmark stock index temporarily zoomed to a record after Rajan lowered the repruchase rate,  the rate at which commercial banks borrow from the Reserve Bank of India — by 25 basis points to 7.5 percent.

The move should boost investment and consumer sentiment in a country that remains burdened by high interest rates relative to the rest of the world. It should add to any growth momentum generated by Prime Minister Narendra Modi’s first full-year budget.

India does confront several major structural problems that hamper the economy — in land, labor and capital markets — most of which emerge from the excessive and misplaced intervention of its leviathan state. None of those problems, however, preclude a sound macroeconomic environment characterized by low and stable inflation, which is critical to investor and consumer confidence. Between 2010 and 2014, when GDP growth rates cratered, rampant inflation damaged India’s prospects as much if not more than a lack of policy reform. That’s why Rajan has made reining in inflation his top priority.

Three factors could explain Rajan’s decision — all of which involve less-than-flashy measures announced by the government this week. First, Rajan appears convinced that Modi’s administration is serious about improving India’s fiscal position. The central bank governor would always have been reluctant to ease monetary policy as long as fiscal policy was too loose and fueling inflation on its own. Ironically, in the budget, the government actually delayed its fiscal consolidation targets for a year.

Second, for the first time, the government and the RBI have signed a formal agreement on a new montary policy framework.  The Finance Ministry has given the central bank an explicit inflation target of 4 percent, plus or minus 2 percent. Any deviation from this target would require an explanation from the RBI governor.

Third, the government has laid out plans for radical reform of the RBI.  The bank has been stripped of its responsibility for managing the government’s debt — which posed a conflict of interest given its task of setting rates. More importantly, interest rates will henceforth no longer be decided by the governor alone but by a monetary policy committee.

Modi’s budget may not have been radical enough for some critics, focusing more on incremental reforms rather than the kind of sweeping changes many free-market proponents wished to see. But bringing the Finance Ministry and the RBI onto the same page is a major accomplishment in itself. “This makes explicit what was implicit before — that the government and the Reserve Bank have common objectives and that fiscal and monetary policy will work in a complementary way,” Rajan said in today’s RBI statement. That in itself should be a boost to growth, no less than the mood of India’s giddy punters.

RBI India

Is a Technocratic, Nonpartisan US Fed a Good Thing?

Justin Fox writes:  The Federal Reserve System is a strange, ungainly beast. Its strangest and ungainliest appendages are the regional Federal Reserve Banks, 12 technically private institutions scattered unevenly across the nation. The Federal Reserve Bank presidents are chosen by boards of local citizens — although not, since the Dodd-Frank Act, by local bankers, and are paid on a scale that only state-university football and basketball coaches as government officials).

Yet these well-remunerated private citizens get to help set the nation’s monetary policy. The New York Fed president has a permanent say in the deliberations of the rate-setting Federal Open Market Committee; the other 11 presidents rotate through four voting spots — and they can come to the meetings even when they don’t vote.

Is this weird?  Probably.  But it is not a bad system that has reduced the effectiveness of the Fed and public trust in it.

In a Brookings Institute report which is great on the Fed history even if you disagree with the conclusions, Conti-Brown argues that the Fed would be more effective and more trusted if some or all of the Federal Reserve Bank presidents were appointed by the president and approved by Congress — or, better yet, if the Federal Reserve Board appointed them.

Former Philadelphia Fed President Charles Plosser argued that this was a solution in search of a problem. None of the Fed’s big historical failures — the Great Depression, the Great Inflation of the 1970s, and the 2007-2008 financial crisis — could really be attributed to the appointment process at regional reserve banks.

The Federal Reserve Bank presidents were a big cause of the Fed’s dawdling in the early 1930s; in 1935 Congress shifted the balance of power away from them to the Federal Reserve Board in Washington. But his bigger point that it isn’t clear what Conti-Brown’s proposal would fix seems right. In fact, I could think of a couple of things it would mess up.

The first is the Fed’s status as one of the last islands of technocratic, largely nonpartisan policy making in Washington. Technocracy and nonpartisanship aren’t always positives; they can be used to disguise interests and power relationships. Also, the technocrats can be terribly wrong, as they were in the lead-up to the financial crisis (not that the politicians were any righter). But at a time when Congress is riven by the deepest partisan divide in more than a century and even the deliberations of such supposedly technocratic agencies as the Securities and Exchange Commission and the Federal Communications Commission have become increasingly hijacked by party-line disputes, the tone of discourse within the Federal Reserve System stands out as a refreshingly civil and thoughtful exception.

The second thing is that having the Federal Reserve Bank presidents on the FOMC increases the diversity of opinion and economic methodology on the committee.

The unique appointment process for Federal Reserve Bank presidents brings people into policy making who might not be willing to take conventional government jobs. It then gives them the freedom to entertain new ideas and diverge from the consensus in a way that would be much harder for Federal Reserve Board employees to do. And it does this within a structure that still leaves the political appointees in Washington with a clear power advantage that makes early-1930s-style deadlock unlikely. That seems more like a desirable feature than a bug.

Is this what the Federal Reserve looks like?

Shrinking Banks?

Mark Gilbert writes:  Some of the world’s biggest banks are starting to acknowledge that size isn’t everything. It’s a welcome development in the effort to solve the “too big to fail problem.”  Instead of  focusing on the final pair of words as a potential solution (seeking to avert failure by concentrating on capital buffers), rather focus on the first two words (eliminating systemic risk by making the banks smaller). It’s also proof that regulators are succeeding in nudging the world of finance toward a better place

Leading the way is Royal Bank of Scotland, which hasn’t made a profit since 2007 and remains a ward of the state after a $70 billion bailout more than six years ago left it 80 percent owned by the U.K. government. The size of the RBS rescue reflects the sprawling institution it was then; now, the bank is “no longer chasing global market share,” according to Chief Executive Officer Ross McEwan.

JPMorgan Chase, the world’s biggest investment bank, is also going on a diet. Daniel Pinto, who runs its corporate and investment business, said this week that new capital rules may prompt it to cut back on interest-rate trading and the prime brokerage businesses that services hedge-fund managers; it’s also closing branches in its consumer unit as it tries to shave off $2 billion in costs by 2017. And HSBC, Europe’s biggest bank by market capitalization, said this week it will consider “extreme solutions” for divisions that can’t generate sufficient returns on capital as part of a “journey to simplify the firm.”

Both JPMorgan and HSBC are displaying enlightened self-interest. Analysts have deemed both to be candidates for a break-up, either by investors who want to unlock perceived value in splitting retail entirely from investment banking, or by regulators who see the two functions as incompatible. Slimming down is a way of addressing the allegation that they’re too big to manage without executives having to oversee the total dismantling of their own train sets.

 

Shrinking Banks

 

Smaller banks are a welcome consequence of regulators tweaking the rules on capital to make some risky activities too expensive to be profitable. While we won’t know for sure whether the too big to fail issue has been resolved until a large institution goes bust, the financial industry is at least moving in the right direction.

Banking-reform-cartoon-by-008

US Exit Bonuses Under Scrutiny

Antonio Weiss was recently in line to receive a $20 million bonus from his investment-bank employer for agreeing to take a Treasury Department undersecretary position. Weiss, who eventually took an advisory job that did not require Senate confirmation, is only the latest in a series of would-be and actual public officials who have stood to benefit from these “golden parachute” deals.

But why? If you go into government, you’re supposed to work for the public, not for Wall Street. Why is it in the interests of a bank or its shareholders to reward top executives – those who make millions of dollars a year because of all they presumably do for their employers — to leave? If the bank is motivated by something other than a desire to wield inappropriate influence on newly minted government officials, what is that motivation? This seems like a very fair question for shareholders to ask.

The AFL-CIO recently filed proposals to let big-bank shareholders demand greater transparency around these practices.  The banks’ reaction?  Panic.  They’re working as we speak to persuade the Securities and Exchange Commission to step in, allowing them to keep their policies a secret and their shareholders in the dark.

When bankers get large bonuses for taking government jobs, it sends a dangerous message about who is really calling the shots. If the big banks think these practices are defensible, they should defend them in the light of day.  They should let their shareholders know the facts and judge for themselves.  But if these policies are so indefensible that Wall Street needs to keep them a secret, that should tell shareholders and the public all they need to know.

Golden Parachute

A Bad Day for Banks

Matt Levine brikskly sums it up:

Rough day for Royal Bank of Scotland.  RBS last posted net income back  when just about anyone could post net income; since then, counting today’s 3.5 billion pound ($5.4 billion) net loss for 2014, the total losses come to just under 50 billion pounds. That’s more than 9,000 pounds for every man, woman and child in Scotland. It’s more than Bank of America has paid in mortgage settlements.  At some point, if you were RBS’s managers or its owners (mostly the U.K. government), wouldn’t you start thinking it might not be worth it to keep going?

A very bank-y thing about RBS is that, after seven years of multi-billion-pound losses, management’s focus is on share repurchases: “By the time we get to 2016, we hope to have satisfied the preconditions we think are needed in order to start a discussion” with regulators about dividends or share repurchases, says the chief financial officer. I feel like the regular-company model is, if you make a lot of money, you give it back to shareholders; if not, not so much. The RBS model is more like: We are losing so much of your money, you shouldn’t trust us with it, here, you take it back. Capital requirements make this difficult, but if RBS can shrink its assets faster than it loses money, it stands a chance.

And for Standard Chartered. StanChart’s board rather surprisingly parted ways with its chief executive officer, Peter Sands, and replaced him with former JPMorgan banker

The chairman is also leaving. “With the share price having about halved since its March 2013 peak, the stock market was looking for a fresh start.

And for HSBC.  HSBC executives did not enjoy testifying before Parliament about all the tax-dodging that HSBC facilitated, tCEO Stuart Gulliver’s use of a Swiss bank account held by Panamanian shell company to receive his bonuses, which Gulliver has patiently and repeatedly explained was just to keep his co-workers from seeing how much he made, and not to dodge taxes.

And for Morgan Stanley.

Morgan Stanley agreed to pay $2.6 billion to settle Justice Department mortgage-fraud claims,and also “increased legal reserves for this settlement and other legacy residential mortgage-backed securities matters by approximately $2.8 billion” for 2014.

Pyramids?

 

 

 

Can De Facto Immunity from Criminal Charges Against Bankers End?

he American Banker contributor J. W. Rizzi writes:  Big banks are once again in the spotlight for a host of alleged misdeeds including tax evasion, money laundering, price rigging and manipulating foreign exchange rates. But despite the seriousness of these accusations, federal prosecutors have yet to file criminal charges against a senior bank executive.

By contrast, hundreds of officials were jailed during the savings and loan crisis and past corporate fraud cases including Enron and World Com. The big difference between then and now comes down to the size of the defendants. The Department of Justice has deemed senior officials of the country’s biggest banks too important to charge.

In the past, prosecutors relied on deferred prosecution agreements on to settle criminal cases against big. These agreements gave banks conditional amnesty upon paying a fine and promising to implement reforms in the future. Public concern regarding this lenient treatment has since forced the DOJ to insist that big banks pleading guilty to criminal violations. But this tougher stance is mostly for show. The entities that plead guilty are lower-level, nonbanking subsidiaries. Thus the parent company’s banking licenses are not at risk. And of course, executives get off scot-free.

Crimes are committed by humans — not organizations. If prosecutors decline to jail or even fine individuals, criminal law hardly works as a deterrent.

Banking is a team sport. Someone is always either calling the plays or condoning the play selection. If bank management truly didn’t know about their employees’ misdeeds, they should have known about it. And if institutions are too big and complex for senior officials to know what their underlings are doing, they should scale back.

When we allow managers to plead ignorance as a defense for wrongdoing, we encourage further ignorance and illegal activity.

Prosecutors have struck a Faustian bargain with too big to fail banks. In exchange for declining to file charges against senior management, they get a quick plea, substantial fines and the appearance of being tough on crime. Everyone wins — except the public.

Federal Reserve Governor Daniel Tarullo  and otehr regulators insist that big banks must improve oversight to reduce illegal employee behavior and bolster their culture. But the problem is criminal, not cultural, and regulators are poorly suited to handle criminal activities. The DOJ should be leading the charge.

There is a simple way to stop bankers from violating the law, and it doesn’t require new laws or breaking up the largest financial institutions. The DOJ simply needs to begin charging the bankers who commit crimes instead of focusing solely on the firms for which they work. When appropriate, prosecutors can also assess monetary fines and damages against the banks as restitution.

This is not about bashing big bankers or punishing them for bad business decisions and excessive risk-taking. It’s about eliminating the de facto immunity from criminal charges that bankers currently seem to enjoy.

By prosecuting individuals who are responsible for misdeeds, the DOJ can curtail illegal activity and restore public trust in big banks — and in the law itsel.

 Big Bankers Behind Bars?

Women Dominating Finance in Washington

YELLEN ON FED TRANSPARENCY: “Central bank independence in conducting monetary policy is considered a best practice for central banks around the world. Academic studies, I think, establish beyond the shadow of a doubt that independent central banks perform better.” What is the difference between independence and accountability?

— WARREN VERSUS YELLEN: Sen. Elizabeth Warren (D-Mass.) grilled Yellen for not disclosing public data after a recent leak of proprietary information. Warren said during the hearing: “Apparently, there have been no consequences for the most recent leak. No action has been taken” [after a subsequent internal Fed investigation]. Hints from the US Fed effect  the markets. Do insiders get information earlier?

YELLEN SAYS NO TO CURRENCY MANIPULATION, via Vicki Needham: Federal Reserve Chairwoman Janet Yellen told lawmakers on Tuesday that she would have a significant problem with adding currency manipulation provisions into global trade agreements.  “Yellen said monetary policy decisions — such as the massive stimulus programs at the Fed since the 2008 financial crisis — can affect currency exchange rates but don’t amount to currency manipulation.”  t

OBAMA, WARREN TAKE ON WALL STREET.  “For the first time in his second term, President Obama is picking a fight with Wall Street. With Sen. Elizabeth Warren (D-Mass.) by his side, Obama announced Monday at AARP’s Washington headquarters that he is moving ahead with new regulations on financial advisers that are vehemently opposed by the business community.”

“Obama is seizing the populist mantle as the likely 2016 Democratic nominee, Hillary Clinton, is coming under intense pressure to take a stand against the captains of finance. Much of that pressure is being channeled into efforts to draft Warren, a critic of Wall Street, into the presidential race.”

“Business groups lined up against the plan on Monday, warning it would radically change the industry’s payment system and make it harder for low-income Americans to obtain financial advice. The push for the new regulations on investment advisers also stirred angst among centrist Democrats.

“‘Americans are going to be shocked when the only advice they have available to them is Jim Cramer on CNBC,’ griped one Democratic financial services industry insider who works with big businesses.”I

WARREN, CUMMINGS TEAM UP, via me: “Sen. Elizabeth Warren (D-Mass.) blasted the new Republican Congress on Tuesday, arguing they are risking a partial shutdown of the Department of Homeland Security (DHS) at a time when the middle class is getting ‘hammered.’

“Warren made the remarks during an appearance on MSNBC’s ‘Morning Joe’ with Rep. Elijah Cummings (D-Md.), where they announced a new political partnership to examine economic policies to address income inequality, among other issues.

— WARREN ON ‘MORNING JOE:’ “Republicans are now in charge and what have they spent their time on? First, they wanted to spend weeks on a pipeline that would principally benefit some foreign oil company, and now they want to spend a month on shutting down Homeland Security at a time when we face terrorist threats.”

Warren Takes Off Her Gloves

JPMorgan Wants to Stay in One Piece?

Large deposits, ones unimaginable for most of us, are going to be charged fees or have to find others who welcome their business.

JPMorgan Chase & Co announced it is aiming to save around $1.4 billion in annual expenses by cutting costs and simplifying businesses mainly in its consumer- and investment-banking units.

JPMorgan is urging some of its biggest customers to take their cash elsewhere or be hit with fees, saying that holding very large deposits has become too costly under new liquidity rules.

It says it is taking the step because it no longer makes financial sense to hold such sums.

As the biggest US bank by assets, and among the most complex and interconnected, JPMorgan feels particularly squeezed by new rules which effectively penalize banks for holding big, uninsured deposits that could flee in the event of a big market shock.

Under the rules, overseen by the Federal Reserve and finalized last September, banks have to maintain higher reserves against such deposits, meaning that they cannot put those funds to more profitable use.

US banks including Bank of New York Mellon and Goldman Sachs are already charging some customers for large deposits, and the Swiss and Danish central banks have both cut their deposit rates to negative territory.

Under the new regime, a big hedge fund or private equity firm would be encouraged to shift excess cash into other JPMorgan products such as money market funds, or find a new bank to hold their money.

The new rules treat various types of deposits differently, according to how likely they are to be withdrawn in a crisis. Retail deposits, which are covered by federal insurance, are seen as less likely to be pulled out, so require banks to hold reserves of as little as 3 per cent against them. The reserve requirement rises to 40 per cent for some corporate deposits, however, and as much as 100 per cent for deposits from other financial institutions.
“Clients know that we are doing this because we have no choice”

The bank is determined to resist calls for a break-up. JPMorgan has been hit by about $22bn in post-tax legal costs since 2010, prompting politicians, regulators and analysts to argue that it has grown too big to manage.

Ms Lake said splitting into two would lead to about $3bn in lost cost synergies, damaging the ability of the bank to invest throughout business cycles, while shrinking the excess capital available to shareholders.

 Jamie Dimon

Daily Telegraph Commentator Quits Over Paper’s Suppression of HSBC Scandal Facts

Peter Oborne, the paper’s chief political commentator and an award-winning author, announced his resignation in a blog on the openDemocracy website, in which he accused the Telegraph of committing a “fraud” on readers by burying reports on the HSBC tax scandal.

The journalist quoted a conversation with Murdoch MacLennan, chief executive of Telegraph Media Group, whom he said freely admitted that advertising was allowed to affect editorial at the paper.

Referring to the phone-hacking scandal which hit Rupert Murdoch’s newspapers, Oborne argued that democracy was being undermined by “shadowy” media executives “who determine what truths can and what truths can’t be conveyed” by news organisations.

Mr Oborne detailed a series of investigations about HSBC, and other financial scandals, which he said executives at the newspaper had closed down.

He declared that “democracy itself is in peril” if “major newspapers allow corporations to influence their content for fear of losing advertising revenue”.

He referred to the Telegraph’s decision to delete one story – “HSBC faces £70bn capital hole, warn Hong Kong analysts” – from the paper’s website which reported that the banking giant had “overstated the value of the assets on its balance sheet by more than £50bn”.

HSBC

US Finance: Milking the Poor?

The Center for Public Integrity continues to monitor financing in the prison system.  JPay Inc., the biggest provider of money transfers to prisoners, has stopped charging fees to families sending money orders to inmates in Kansas.

The change that means inmates’ families can now send money for fees in every state but one where the company does business.

The Center for Public Integrity reported last fall that families of hundreds of thousands of inmates were charged high fees to send their incarcerated relatives money for basic needs like winter clothes and doctor visits. JPay, which offers families the ability make deposits into inmates’ accounts online for a fee, also charged for deposits sent by mail in four states housing roughly 110,000 inmates. Mail-in payments were traditionally the only free way for families to send money.

The Center reported in November that JPay had eliminated deposit-by-mail fees in Ohio, Indiana and Oklahoma. Kansas was the lone holdout.

JPay is the biggest of the prison bankers, companies that provide financial services to inmates and their families, often charging high fees and sharing their profits with the agencies that contract with them. JPay handled nearly 7 million transactions in 2013 and expected to transfer more than $1 billion in 2014.

The company’s marketing literature urges families to send money by phone or online. Fees for those services can exceed 45 percent of the deposit amount. Families who didn’t like the system could always choose to mail a money order, JPay CEO Ryan Shapiro said in an interview last summer. He did not know at the time where JPay was charging fees for mail-in deposits.

Shapiro later said that The Center’s questions about money order deposit fees caused him to consider the impact of JPay’s policies on its poorest customers. He said he would seek to convince all states to provide families with a free deposit option.

Kansas Department of Corrections spokesman Jeremy Barclay last week confirmed that the $2 fee has been eliminated. Although the change occurred on Jan. 1, the agency’s website still states that there is a fee to deposit money orders through JPay. The department will update its website with the change “within days,” Barclay said in an email.

Prison fees lifted