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FACE VALUE | THE BAILIFF |
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Sheila Bair
of the FDIC is at the forefront of America's response to
the financial crisis. |
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When she was
summoned from academia in 2006 to head the Federal
Deposit Insurance Corporation (FDIC), some people
wondered why Sheila Bair would want to run such a sleepy
backwater. The institution charged with administering
America's deposit-guarantee fund and taking over
troubled banks had little on its plate. Not a single
lender had failed for two years. The fund was so full
that many banks no longer had to pay in premiums. Some
joked that the FDIC's main job at the time was sending
out stickers for banks to place in their windows,
confirming that they were covered by the insurance
scheme. |
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How
different things look today. Shoulder-to-shoulder with
Hank Paulson, the treasury secretary, and Ben Bernanke,
chairman of the Federal Reserve, Ms. Bair is leading the
government's response to the financial crisis and using
the FDIC's powers to help reshape the banking industry.
And she has won plaudits for her actions so far from
bankers, investors and fellow regulators. Forbes
recently ranked her as the world's second-most-powerful
woman, after Germany's chancellor, Angela Merkel. She
has been touted as a possible future treasury secretary. |
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Ms. Bair
faced her biggest tests so far in September. First came
the collapse of Washington Mutual (WaMu), America's
largest saving-and-loan institution. Within hours, she
had brokered a deal to sell its branches and deposits to
JPMorgan Chase, at no cost to the taxpayer. That was
quickly followed by the FDIC's preemptive sale of a
chunk of Wachovia, America's sixth-biggest bank, to
Citigroup. The structure was innovative, with the FDIC
agreeing to bear risk over a certain loss level in
return for warrants entitling it to a stake in Citi. The
deal was thrown into disarray, however, when another
bank, Wells Fargo, made a counter-offer. This sparked a
legal battle which the Federal Reserve was still trying
to resolve as The Economist went to press. |
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Ms. Bair had
made her mark long before this double-wham-my. She was
among the first to flag potential problems among banks,
giving warning as long ago as 2002 about sloppy
mortgage-lending and lax regulation. She was an early
proponent of mass-modification programmes that help
borrowers avoid foreclosure by cutting the rate at which
their loans reset to a more affordable level. Spurned at
first by other policymakers, the idea has since caught
on. Ms. Bair rejects criticism from the right that this
is a grand social experiment. Modification makes
economic sense, she argues: because the costs of
foreclosure are high, keeping those who are struggling,
but not basket-cases, in their homes should maximise
loan recovery. Thousands of clients of IndyMac, a bank
that went bust in July, have been offered such deals. |
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This shows a
pragmatic streak, especially for a lifelong Republican.
Those who have worked with Ms. Bair describe her as an
adept consensus-builder. She picked up political skills
working for Bob Dole, a former presidential candidate,
and at the Treasury. Blunt yet affable, she has won over
senior Congressional Democrats such as Barney Frank.
Unusually for a bank regulator, she is also a good
communicator. Such is her passion for financial
education that she has written a children's book, "Rock,
Brock, And the Savings Shock", on the dangers of
indebtedness. |
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Unlike her
predecessors, Ms. Bair has manoeuvred herself into a
position where she can influence senior economic
policymakers. In September, for instance, she persuaded
the Treasury to modify its new blanket guarantee for
money-market funds after banks complained that they
would lose uninsured deposits to the funds, undermining
confidence. She also won new powers as part of the
government's $700 billion financial-rescue package. The
plan allows the FDIC to borrow unlimited amounts from
the Treasury, increasing its capacity to assist troubled
banks. |
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Some
question her judgment and accuse her of inconsistency.
With IndyMac, uninsured depositors lost out, whereas
WaMu's and Wachovia's were made whole. WaMu's senior
creditors took a hit, but Wachovia's were spared. But
Ms. Bair has had to weigh the need for consistency
against the effect to any decision on overall financial
stability. Clobbering the creditors of a bank the size
of Wachovia would have made it even harder for other
banks to tap the credit markets. A more serious charge
is that she acted rashly in pairing Wachovia with Citi.
Wells Fargo's much higher offer, only four days later,
suggests it might have been better to wait. Prospective
white knights may think twice in future before diving
in, for fear of being trumped by a rival. Moreover, Ms.
Bair faces accusations of duplicity. An affidavit by Bob
Steel, Wachovia's boss, suggests that she was urging him
to consider the bid from Wells, even as she publicly
backed Citi. |
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Insuring
the insurer |
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Protecting
her reputation as the golden girl of financial
regulation will require more than just fending off such
criticism. Banks entered this crisis with stronger
capital bases than they had going into the
saving-and-loan debacle of the 1980s. But this downturn
will be deeper. The FDIC could still find itself
swamped, and Ms. Bair may struggle to keep her
deposit-insurance fund, now $45 billion, from suffering
a meltdown of its own. The FDIC itself predicts that
bank blow-ups could cost the fund $40 billion between
now and 2013. Others put the number even higher. Ms.
Bair plans to double the average premium paid by banks,
with the burden skewed towards the riskiest. |
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Political
and regulatory battles loom, too. Though Ms. Bair failed
to win authority to raise deposit insurance to whatever
level she deems appropriate, lawmakers agreed to a
temporary increase, from $100,000 to $250,000, as part
of the bail-out. Once panic subsides, pressure will
build to reserve this. She is also squaring up for a
fight over capital-adequacy rules. She is no fan of the
"advanced" rules for large banks, which allow them to
set capital aside based on their own mathematical
models. All this will prove testing. But so far Ms. Bair
has had a good crisis. |
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For Further
Information, please buy a copy of The Economist @ myNEWS.com
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