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slipslidingaway Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-02-08 04:36 PM
Original message
Who Takes Park Place - BSC, WM and JPM
Edited on Thu Oct-02-08 04:36 PM by slipslidingaway
Bringing Down Bear Stearns

http://www.vanityfair.com/politics/features/2008/08/bear_stearns200808?currentPage=1

from this thread
http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=389x4151446


"On Monday, March 10, the rumor started: Bear Stearns was having liquidity problems. In fact, the maverick investment bank had around $18 billion in cash reserves. But soon the speculation created its own reality, and the race was on to keep Bear’s crisis from ravaging Wall Street. With the blow-by-blow from insiders, Bryan Burrough follows the players—Bear’s stunned executives, trigger-happy reporters at CNBC, a nervous Fed, a shadowy group of short-sellers—in what some believe was the greatest financial scandal in history...


...Around six Schwartz slipped into the back of a black town car for the drive home to Greenwich. Somehow Bear was still alive, if barely. Thanks to the Morgan credit line, they could probably open on Monday. Now he had 28 days—28 days to raise new capital, find a merger partner, or sell Bear outright. It wouldn’t be easy, he knew, but it was doable. Then, as the car cruised northeast, Schwartz’s phone rang. It was Tim Geithner of the Fed, with the Treasury secretary, Hank Paulson.

Paulson came right to the point. “You’ll recall I told you when we cut this facility your fate was no longer in your hands,” he told Schwartz. “Well, we don’t plan on being here on Sunday night like we were last night. You’ve got the weekend to do a deal with J. P. Morgan or anyone else you can find. But if you’re not done by Monday, we’re pulling the plug.” And, like that, Bear’s 28-day cushion evaporated. The Fed’s credit line was good only till Sunday night.


Schwartz hung up the phone, stunned. He telephoned Molinaro, who was also on his way home, at that moment buying a cup of coffee at a rest stop on the Merritt Parkway. “You’ve got to be kidding me,” Molinaro said.

To this day, top Bear officials aren’t sure whether they misread the “28-day” language or whether Paulson simply had a change of heart after the events of Friday afternoon. “Everyone thought we had 28 days,” says one senior Bear executive. “Do we think they thought that? We think so. But, look, when this was done, we just got a piece of paper that said, ‘If you agree to this, you’ll be O.K.’ We signed. No one spent a lot of time going over all the little details.”


WaMu seizure: The ambush angle

http://dailybriefing.blogs.fortune.cnn.com/2008/09/26/wamu-seizure-the-ambush-angle/

"The sliver of good news in the failure of Washington Mutual (WM), the Wall Street Journal points out, is that it puts no strain on the FDIC insurance fund, which is already dealing with a rash of recent failures of smaller banks. The sale of WaMu’s loan book and retail branches to JPMorgan Chase (JPM) obviates the need to support depositors through application of the federal insurance fund. JPMorgan gets a $176 billion mortgage book and 2,200 branches for just $1.9 billion, though the big New York bank will also take $31 billion in writedowns and raise $8 billion in new capital by selling common shares....

...Now, the feds have taken over and sold WaMu. Like the Fannie-Freddie takeover and the collapse of Lehman, the seizure of WaMu was in some ways predictable and yet, in its execution, leaves questions. John Hempton, a hedge fund manager who writes the Bronte Capital blog from Australia, points to the last paragraph of Friday’s Journal account of the takeover, which reports that new WaMu chief Alan Fishman - who took over less than three weeks ago - and his team flew back to Seattle from New York Thursday night, totally unaware that the Office of Thrift Supervision was about to take over the bank and put it into FDIC receivership..."

And from the comments section...

"CNN reports that JP Morgan Chase will receive from WaMu $307 billion in assets and $188 billion in deposits. Can someone explain to me how the Government can seize these assets and sell them for less than a penny on the dollar?"


Senator Maria Cantwell


"...But I am very concerned about the "pick here, pick there" approach that has transpired in the last several weeks.


“I ask you to just think of one institution, in my State, Washington Mutual -- which I would not necessarily applaud for its subprime lending rates or for its use and backing of credit default swaps, but I would ask you to consider the fact that as that institution was forced into sale by this Government.


“Who were the winners and losers in that?


“J.P. Morgan got the assets of that institution and benefited from that. In fact, J.P. Morgan predicted to me on a conference call the night they acquired Washington Mutual that after one year with their investment, they would have an over $500 million on that investment. That is a 27 percent returned in one year.

“The FDIC got some money out of that, too. And then to say nothing about the over 60,000 shareholders who were wiped out.


“My complaint is: where is J.P. Morgan who should be standing up for the retirement plans, the deferred compensation plans, and other packages that the employees at that company were due?


“It is very convenient for us to now choose that we are going to add to J.P. Morgan's bottom line.



And last but certainly not least, this thread from McCamy Taylor

“We Were Programmed to Crash”


http://www.democraticunderground.com/discuss/duboard.php?az=show_mesg&forum=389&topic_id=4138042&mesg_id=4138042


"One of the regulations meant to keep insiders from driving down the prices of their own company’s stock so that they could sell short at will to make a quick million whenever they felt like it was called the “uptick rule”. The “uptick rule” is another one of the FDR Era regulations which the Heritage Foundations was talking about when they said that they wanted to roll this country back to the days of Herbert Hoover. They succeeded. The Bush administration got rid of this safeguard last year---with predictable results...

The SEC eliminated the rule on July 6, 2007.

Why did the SEC do that? Maybe because it allowed for things like this:


“Short sellers have an incentive to spread bad news about companies whose shares they have sold short,” said Jay Baris a partner at the law firm of Kramer Levin Naftalis & Frankel.
Many blamed short selling and attendant rumors for the Bear Stearns collapse several months ago..."



You thought I was kidding yesterday, when I wrote in my journal that we were programmed to crash? No, I was quite serious. I was already gathering the documentation that I needed to write this journal. A stock market crash can be very profitable---if you plan ahead and bet that the market will crash or if you want to snatch up a rival company or if you want Congress to pass an unpopular law..."












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Hydra Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-02-08 04:45 PM
Response to Original message
1. Man, what a smash and grab
And Bushco is running this. Thank you for posting this- it answers a great number of questions in my mind regarding how and why these banks were failing so fast.
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chill_wind Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-02-08 05:15 PM
Response to Reply #1
3. "Simply no equal to Hank!"
Charles WallStreet/Michael Mukasey Schumer.
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slipslidingaway Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-02-08 05:29 PM
Response to Reply #1
4. McCamy Taylor's thread connects many of the dots with the
rules that were relaxed, add in the derivatives and it was easy for century old companies to fall.

:(

And you're welcome.

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chill_wind Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-02-08 05:38 PM
Response to Reply #1
5. And never, ever forget what the Consul wanted. Ever: The “financial equivalent of the Patriot Act.”


"Talk about a blank check.

It isn’t just the size of Treasury Secretary Henry Paulson’s $700 billion rescue plan that is stunning — it’s also the “most amazing power grab in the history of the American economy,” Andrew Ross Sorkin writes in his latest DealBook column in The New York Times."


September 23, 2008

A Bailout Above the Law
By ANDREW ROSS SORKIN

The passage is stunning.

“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,” the original draft of the proposed bill says.

And with those words, the Treasury secretary — whoever that may be in a few months — will be with vested with perhaps the most incredible powers ever bestowed on one person over the economic and financial life of the nation. It is the financial equivalent of the Patriot Act.

Treasury Secretary Henry M. Paulson Jr.’s $700 billion proposal to bail out Wall Street is both the biggest rescue and the most amazing power grab in the history of the American economy.

In many ways, it is classic Wall Street: a big, bold roll of the dice that one trade can save the day. But at the same time, the hypocrisy is thick. The lack of transparency and oversight that got our financial system in trouble in the first place seems written directly into the proposed bill, known as TARP, or the Troubled Asset Relief Program.

Just take a look at the original draft: “The Secretary is authorized to take such actions as the Secretary deems necessary to carry out the authorities in this act,” the proposed bill read when it was first presented to Congress, “without regard to any other provision of law regarding public contracts.”

It goes on to say, “Any funds expended for actions authorized by this Act, including the payment of administrative expenses, shall be deemed appropriated at the time of such expenditure.”

Slowly but surely, as new versions of the bill are making the rounds in Washington, some legislators are pressing to include new language to give them at least a modicum of oversight. Democrats have complained that the bill gives the Treasury Department “a blank check” — and they’re right.

But given the rush to push the bill through, even if Congress cobbles together some oversight language, it will almost surely be inadequate. Joshua Rosner, a managing director at Graham Fisher & Company, says TARP should stand for “Total Abdication of Responsibility to the Public.” He says it is “a clear abdication of all Congressional oversight and fiscal authorities to a secretary of Treasury that has bungled this crisis from the beginning.”

He argues that the bill grants “greater powers to the secretary of the Treasury than even the president enjoys.”



from: http://dealbook.blogs.nytimes.com/2008/09/23/the-mother-of-all-power-grabs/

Oh but best of all was section eight.



"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"

.



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chill_wind Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-02-08 04:56 PM
Response to Original message
2. See also- Behind the Deal, the Hand of the Fed. (NYT, March 08)


Adam Smith’s invisible hand has a puppeteer: the Federal Reserve.

By ANDREW ROSS SORKIN
Published: March 25, 2008


In case there is any confusion about who was pulling the strings behind the scenes of JPMorgan Chase’s acquisition of Bear Stearns, the curtain was lifted Monday. By raising its bid — with the grudging approval of the Fed — to $10 a share, from $2, JPMorgan exposed what had long been whispered about but no one dared to say aloud: the Fed is officially in the deal-making business.




http://www.nytimes.com/2008/03/25/business/25sorkin.html?n=Top/Reference/Times%20Topics/People/S/Sorkin,%20Andrew%20Ross


Thanks for starting this thread, slipslidingaway. Time to start exposing the stench for what it is.
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slipslidingaway Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-02-08 05:39 PM
Response to Reply #2
6. A few other snips from your article...
"...But the night that Bear signed the original bid, the Fed opened what’s known as the discount window to companies like Goldman Sachs and Lehman Brothers — oh, yes, and to Bear, too. Except that the Fed didn’t tell Bear that it planned to open the window when it was signing its deal with JPMorgan.

Had Bear known it might have access to the discount window — a crucial source of liquidity — it might have been able to hold out for a couple more days or at least had enough leverage to seek a higher bid. But the Fed clearly preferred the original bid...


Even then, the Fed’s fingerprints were all over the new pact. In an action almost unprecedented in takeover history, JPMorgan bought 39.5 percent of Bear on the spot to ensure that it would have close to a majority of the votes to approve the deal. That agreement completely disregards New York Stock Exchange’s rules that prevent anyone from buying more than 20 percent of company without a shareholder vote. Other parts of the new agreement either stretch the rules or disregard years of precedent in Delaware, where both banks are incorporated. Of course, all this rule-bending was done with the tacit, if not outright, approval of the federal government.

If that’s not deal-making, Fed style, what is?"



I've said this a few times, but the consolidation of power and money into fewer and fewer hands is frightening.


You're welcome and thank you!



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slipslidingaway Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-02-08 11:44 PM
Response to Original message
7. shameless kick n/t
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mhatrw Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-03-08 01:18 AM
Response to Original message
8. K, R & bookmarked. n/t
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slipslidingaway Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-03-08 09:09 AM
Response to Reply #8
14. Thanks n/t
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countryjake Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-03-08 01:21 AM
Response to Original message
9. Bookmarked and Recommended. And one big kick!
Thanks again for rooting all of this info out and trying to make some sense of a whole bunch of bullshit!
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slipslidingaway Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-03-08 09:12 AM
Response to Reply #9
15. Thank you and also the other posters for their work. n/t
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chill_wind Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-03-08 02:20 AM
Response to Original message
10. kick.
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slipslidingaway Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-03-08 09:14 AM
Response to Reply #10
16. TY, with all the debate threads it is easy to get lost. n/t
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Hannah Bell Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-03-08 03:22 AM
Response to Original message
11. "JPMorgan gets a $176 billion mortgage book and 2,200 branches for just $1.9 billion"
consolidating $ & power - in every crash. by shaking up the board, the big boys always win.
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slipslidingaway Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-03-08 09:15 AM
Response to Reply #11
17. Now they really are too bail to fail :( n/t
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lostnfound Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-03-08 04:52 AM
Response to Original message
12. Up to the top please. nt
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slipslidingaway Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-03-08 09:16 AM
Response to Reply #12
18. Thank you n/t
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slipslidingaway Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-03-08 09:09 AM
Response to Original message
13. JP Morgan makes a new 52 week high and close to an all time
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slipslidingaway Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-03-08 09:17 AM
Response to Original message
19. See this thread..."Connecting the dots ..."
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moodforaday Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-03-08 11:16 AM
Response to Original message
20. Needs a whole bunch of kicks and recs! Thank you.
:kick:
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slipslidingaway Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-03-08 11:24 AM
Response to Reply #20
21. Thank you for the K&R n/t
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Karenina Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-03-08 12:49 PM
Response to Reply #21
22. bttt!
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slipslidingaway Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-03-08 02:28 PM
Response to Reply #22
23. .... n/t
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chill_wind Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-04-08 01:04 AM
Response to Reply #23
24. ..... n/t
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Hannah Bell Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-04-08 02:33 AM
Response to Original message
25. Lehman says JP Morgan abetted their failure - take-down
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slipslidingaway Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-04-08 08:47 AM
Response to Reply #25
26. Thanks n/t
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Karenina Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-04-08 09:33 AM
Response to Original message
27. Joe Lewis lost $1B at Bear Stearns
lawyered up while spitting tacks. Wonder what happened with that. :shrug:
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slipslidingaway Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Oct-05-08 08:10 PM
Response to Reply #27
28. Not sure what happened, so much for cutting your losses and
letting your profits run.

:shrug:
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