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Insider Notes At A Closed Treasury Dept. Briefing For Wall Streeters

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From: Michael Mandeville [mwman@earthlink.net]

PHOENIX FIVE EARTH CHANGES BULLETIN

2008 by MW Mandeville (Black Canyon City, Arizona)

BULLETIN ITEM: The Great Swindle: Insider Notes At A Closed Treasury Dept Briefing For Wall Streeters

MWM: I think from this below you will get the idea that what is actually occurring and will be done under the Treasury Bailout Plan diverges from what is being described as "the crisis". I frankly believe that the effort has failed, at least for a few days. They may not be able to muster a quorum of the House until after the elections. This "break", even if for a few days, is deadly for the Swindlers. Congress Critters are going to get a second opinion or three, whether they want it or not. Everything will now shift somewhat as the gamesters try new tactics but it may just become more and more undone. In the old days, everyone in parliamentary systems would simply admit the obvious. The governing circles have lost credibility. Hence, parliament would conclude that they can no longer govern and they would appoint new people to take charge of the government or simply put things on ice until a new election could be held. Frankly, we are well advised to switch to such a parliamentary system. The Presidential system has become a dictator system and it has ruined the country.

now the insider notes:

The cronies are hard at work! Let em Burn!!!

<http://www.nakedcapitalism.com/2008/09/mussolini-style-corporatism-in-action>http://www.nakedcapitalism.com/2008/09/mussolini-style-corporatism-in-action

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Monday, September 29, 2008

Mussolini-Style Corporatism in Action: Treasury Conference Call on Bailout

Bill to Analysts (Updated)

Various readers wrote us, and it was confirmed by a detailed report on the

call at DealBreaker, that the Treasury Department held a conference call

this evening for analysts on the bailout bill. A memo was evidently sent to

SIFMA members; others may have been contacted by other means. But the report

I got from one person who was on the call was the the questions came from

financial services industry members. In other words, this was most assuredly

not intended to be a call open to the public at large. If anyone from the

media or other member of the great unwashed was listening in, it was by

accident.

This is simply scandalous. To have a group of interested parties get a

privileged briefing by government officials on a matter of keen public

interest flies in the face of what a democracy is supposed to be about. The

proper method would either be a published FAQ on the Treasury website or a

briefing with the media included. But why should I be surprised? Favoritism

has been a staple of the Bush Administration.

There is a live blogging recap at DealBreaker. Someone who was on the call

is going over his notes and other recaps on the Web and sending me his

version, which I hope will add some color. Check back for that update.

Update: Here are the notes promised. Calculated Risk had put up the

conference call number. So some of this is the listener's notes, some are

hoisted from CR. They are admittedly skeletal at points, but track and

enhance the live blogging report at DealBreaker. You can download a torrent

for the call here, which I intend to do post haste and will amend the post

accordingly. I've included the long form notes below, but some items jump

out:

1. The tranching is a mere formality, and the Treasury boys as much as said

so. They could take the $700 billion max as soon as the bill has passed,

2. However, they do not plan any action immediately, will wait a couple of

weeks. They want to focus their efforts on stronger companies but also made

noise about protecting the financial system. This, by the way, is the

Japanese convoy system all over.

3. There seemed to be a lot of tap dancing about what price they will pay

for assets and no straight answer about their policy on warrants. They did

say that if the amount sold was greater than $100 million, they would take

warrants. FYI, the current draft allows them to pay up to the price at which

the assets were initially booked (yikes) . I wonder if this is obfuscation,

if they have an idea of what the plan to do but will not admit it in any

public forum.

4. As the person who listened to the call stressed, DealBreaker wasn't clear

on the bifurcated process. If you come to the Treasury and you are in

trouble, you get reamed. Bear/AIG style treatment, execs probably fired. But

if you participate on a voluntary basis, the intent is to make it very user

friendly. That is consistent with Paulson's position during the negotiations

5. The exec comp provisions sound like a joke, They DO NOT affect existing

contracts, they affect only contracts entered into during the two years of

the authority of this program and then affect only golden parachutes. More

detail on that point, but I don't need more detail to get the drift of the

gist.

Further below are the notes, admittedly somewhat cryptic at points, but

hopefully helpful. But if you have time, listen to the download. Be warned I

may revise and add to the post once I have done so.

Update 12:30 AM: Have queued up recording of conference call but not yet

listened to it. But reader and sometime contributor Lune provides a useful

take. Hoisted from comments:

1) If even the Treasury is saying tranching is a formality, then it really

is nothing. Not sure why Dems fought so hard for a fig leaf.

2) Waiting a couple of weeks because no one has any idea when or where the

next bomb will blow up. In other words, all their doomsday scenarios about

Black Monday were B.S. They screamed the check had to be written by Monday,

but now they're saying they actually have a few weeks before they need to

cash it. Plus, this will allow them to "seek guidance" from GS, JPM, and

other selfless public servants about where the money should be funneled.

3. The tap dancing is because they don't want it to get out that they'll be

giving a sweetheart deal. The public won't be following each individual

transaction to see exactly what price is being paid. So ridiculously

overpriced asset sales can be hidden in the details, and by the time some

reporter (or blogger :-) combs through and analyzes the transactions, the

deed will have been done. But if Paulson makes a statement that assets will

be bought at par before the bailout's even begun, that will be reported and

might kill the deal.

4. In other words, we need to sweeten the pot to encourage banks to come

voluntarily". Pardon my ignorance, but why the hell should we be begging

banks to borrow from us? I thought a bailout should be the absolute last

option for a bank. I.e., it should be so unpalatable, so unprofitable for a

bank and its executives that they exhaust every private means of survival

before coming for their public "reaming". I wonder if foreclosed homeowners

would rate their foreclosure process as "user friendly".

5. Of course the exec comp provisions are a joke. Who do you think is going

to be hiring all those banking cmte staffers and newly retired

congresspeople next year during the inevitable post-election turnover? Do

you really think they're going to vote to limit their salaries? Remember

that for lots of people on the Hill (including elected reps), govt work is

merely time you spend accumulating credentials in preparation for your real

life's work in the vastly richer private world.

Taxpayer losses: "golly, let's just pray to Jesus and hope he'll make sure

that in a few years our country won't be bankrupt."

Oversight: "let's appoint a committee which will file toothless reports that

no one will ever read".

I'm glad to see that while much time was spent in Exec comp. and tranching

kabuki theater, the real points of protection of taxpayer losses and

implementation of new regulation seem to be afterthoughts.

The notes on the call per our helpful anonymous reader (and former

investment banker, it turns out):

"Draft bill is very positive for both markets and our companies"

Much explanation of Executive Comp

Residential and commercial mortgages. But very importantly, it can be any

asset.

Excited about ability to guarantee assets in exchange for a guarantee fee.

Sought as much authority and as much flexibility as possible.

Eligibility: as broad participation by institutions as possible. The

more participation, the more effective it will be. Want banks of all

sizes or any financial institution that has a meaningful presence in

the US to be interested and enthusiastic.

Purpose is to help private sector clean up their balance sheets.

Highest priority: make sure it works, will attract companies to

participate. Warrants and exec comp. were very highly negotiated.

still listening ...

some1 | 09.28.08 - 9:14 pm | #

Warrants:

Direct purchases from failing institution e.g. Bear Stearns, AIG, F&F: will

do the same thing, take maybe 79.9% equity.

Market mechanism: Congress wanted taxpayer benefit in upside. Sell

warrants for assets over $100M , but the amount of warrants is still

TBD. WE want healthy institutions to participate so it should not be

punitive.

some1 | 09.28.08 - 9:17 pm | #

Exec comp.

Most difficult part of negotiation.

Direct deal: fire the management, like AIG etc.

Market mechanism: if sell over $300M into fund, some exec comp limits

come with it. For 2 years, the firm could not enter into NEW contracts

including golden parachute, for involuntary departure. And lose some

deductibility.

We feel really good that we have encouraged healthy institutions to

participate, not just bailouts of sick institutions.

some1 | 09.28.08 - 9:22 pm | #

Clawback of taxpayer losses:

1. it's a long way out, "a lot can happen in that time"

2. it's targeted at all financial institutions, not just participants! (that

means it will never happen)

3. would need more congressional and presidential action to implement this.

some1 | 09.28.08 - 9:24 pm | #

Oversight (Bob Hoyt)

1. Financial Stability Oversight Board

2. General Accountability Office and Comptroller General managing purchase

auctions

3. Special Inspector General

4. Congressional Oversight Panel

5. Reporting provisions

some1 | 09.28.08 - 9:27 pm | #

Tranching of $700B (I didn't know that was a limit)

Entire 700B is appropriated entirely by the act, no further appropriation

necessary.

Tranching: first $250B

Then Secretary determines that more is needed and tells Congress, another

$100B

Then Secretary determines that more is needed and Congress has 15 days to

refuse, the remaining $350B

No time limits. Can request all the tranches at once, no need for delays.

some1 | 09.28.08 - 9:29 pm | #

More about tranching:

To block the last $350B, Congress has to say no. Then the President can

veto that. To override that veto, Congress needs 2/3 majority.

ALL of that must happen within 15 days, otherwise the money goes out.

Can't the President wait and veto it with one minute left in the 15 days?

RTC had to go back to Congress. Kudos for making this program much EASIER!

some1 | 09.28.08 - 9:32 pm | #

Price: not a fire-sale price, not an outrageous price, a "fair" price. Firms

might get a price higher than their current mark.

(Congress will be voting on this, with this aspect totally undetermined.)

some1 | 09.28.08 - 9:35 pm | #

Not trying to maximize return to the taxpayer, but to provide liquidity to

the system as a whole.

some1 | 09.28.08 - 9:39 pm | #

They will prefer to help healthy banks become even healthier, as

opposed to rescuing a failing bank, because the healthy bank is more

likely to relend into the system.

They expect that the exec. comp. limits won't constrain the healthy banks,

since they are so light.

artichoke | 09.28.08 - 9:43 pm | #

xIt will take several weeks, before any assets can be bought, to hire asset

managers and get systems up and running.

(They're going to let the weak banks fail, then help the rest.)

artichoke | 09.28.08 - 9:45 pm | #

No provision to mandate re-lending.

Stuff that is still to be determined, will be issued as "guidelines"

therefore exempt from discussion and comment period.

About 800 people on the call.

some1 (oops;) | 09.28.08 - 9:47 pm | #

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