OP-ED
If you work for a federal regulator right now, or you are in any way whatsoever connected with fiscal policy in the United States, here's a piece of advice: turn off your television, pack your bags, leave your laptop at home, and go spend the next week with a pile of unread Grisham novels on a beach in the Mediterranean (the weather is great at this time of year).
The crisis begun on September 15 on Wall Street has finally entered its lunacy phase, and it would be best for everyone - federal regulators especially - to take no notice. Sadly, that's unlikely to happen, and the mess we find ourselves in now is only likely to intensify over the long-term. The reason: an old, seemingly forgotten act called Glass-Steagall.
BRIEF HISTORY AND INTENT OF GLASS-STEAGALL
Glass-Steagall is a law that essentially mandates the separation of commercial and investment banking activities. Presciently, it was introduced in 1933 in order to control the effects of stock market activities on everyday consumers. Specifically, it prevents a "deposit-taking" bank (such as your local Bank of America) from engaging in speculation activities (such as buying mortgage-back securities).
As a law, it makes sense: after all, it's difficult to imagine anyone wanting to harbor their savings in a bank which is making butterfly-spread crack oil trades that only a very select few people understand (or think they understand, as the case might be). As piercing as that logic might be to anyone, in November 1999, Congress killed the act when it approved the acquisition of Salomon Brothers (an investment bank) by Citigroup (then a pure deposit-taker).
Fast-forward another nine years, and investment banks and commercial banks are being handed out free doses of Viagra before they've even thought about getting into bed together. Monday, federal regulators all but arranged a $50 billion (in stock) buy-out of Merrill Lynch by Bank of America. Meanwhile, Barclays is being shown the red carpet to Lehman Brothers.
IMPLICATIONS
The irony surely cannot be lost on anyone: Glass-Steagall was implemented as a response to the 1929 Wall Street crash, where banks lost millions of dollars, and with it, much of their depositors' savings. Seventy-nine years on, and federal regulators have unsurprisingly found that the only companies around with enough cash to buy ailing investment banks are the ones looking after consumer deposits. That, of course, is proof of the success of Glass-Steagall.
Federal policy in recent days is like using your kid's trust fund to pay off last year's gambling debts, while using still more to double-down on the next Yankee's game in the hope that this time they finally beat the Sox.
From an investor's perspective, it's a wonderful thing, short, even medium-term, just as the kid's trust fund money is for any down-on-his-luck Major League Baseball spread-betting aficionado. It's why I suggest that everyone right now should pile into BoA stock. To extend the analogy, by buying Bank of America at its now greatly reduced price -- with a sizeable increase in the risk component of the bank -- you essentially get a wad of free money to play a whole host of MLB games, which, for a certain period of time, will turn out trumps-up (the Yankees have to beat the Sox sometimes).
But what happens the next time the bets turn sour?
FURTHER DEVELOPMENTS
Worryingly, less than a full day after announcing better-than-expected earnings, Morgan Stanley is plummeting 30%; Goldman Sachs is down 20%. As federal regulators reward the investment banks that have least efficiently managed their risk portfolios with injections of retail banking fresh cash, those that have been fairly responsible in doing so are getting punished by investors. If that scenario continues, then the banks that have been responsible face no option other than to be acquired by commercial banks, thus expounding the level of risk within the financial system.
Left to their own devices, time has shown that stocks with healthy balance sheets and operating systems recover efficiently, and so it would be for Morgan Stanley and Goldman Sachs, the last two independent U.S. investment banks standing. When regulators impose unnecessary artificial stimulae on the financial system however, the risk aspects of that system mutate, often with dramatic long-term social consequences.
It seems the millennium bug many feared would lead to Armageddon eight years ago may not be in the technology of our financial systems, but rather in its Ecosphere. Federal regulators need a holiday before they completely dial back Wall Street's clock one hundred years.
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