Banks

Michael Scally MD

Doctor of Medicine
10+ Year Member
Jamie Dimon: America’s Least-Hated Banker
http://www.nytimes.com/2010/12/05/magazine/05Dimon-t.html

December 1, 2010
By ROGER LOWENSTEIN

Back in 2004, way before the mortgage bust and before Americans thought of banks as four-letter words, Jamie Dimon took charge of JPMorgan Chase & Company. Known as a tough, hands-on manager, Dimon was supposed to avert the sort of foolish risks that tempted so many of his peers. And sure enough, he was different.

Instead of reviewing brief summaries of the bank’s operations, as his predecessor had, Dimon demanded to see the raw data — hundreds of pages detailing J. P. Morgan’s businesses every month. Instead of simply trusting his traders, Dimon put himself through a tutorial, so that he would understand the complex trades the bank was exposed to. And rather than run its mortgage machine at full throttle for as long as possible, Dimon reined in lending earlier than did others and warned his shareholders of looming trouble.

Prudent as they were, his precautions were not enough. Over the last two years, JPMorgan Chase suffered an astonishing $51 billion in faulty mortgages, unpaid credit cards and other bad loans. And Dimon has landed dead center in the controversies that have caused many Americans to lose faith in banking. Chase issued too many faulty mortgages, it was embarrassed by high overdraft fees on debit cards and recently it has admitted to cutting corners in processing home foreclosures. Americans are angry at bankers for helping to bring the financial system to its knees; they are especially angry at those like Dimon whose banks accepted taxpayer investment.

The popular animus has come as a shock to Dimon. Recently, while entertaining a roomful of corporate clients over a tenderloin dinner, he felt the need to assert his and his industry’s worthiness. “I am not embarrassed to be a banker,” he noted. “I am not embarrassed to be in business.” In truth, Dimon has plenty not to be embarrassed about. He fulfilled a banker’s first obligation: he made sure his bank survived. This was thanks to his strategy of maintaining a healthy cushion of capital for a rainy day. When markets melted down and the economy plunged into recession, J. P. Morgan remained not only solvent but profitable every quarter. When other banks were refusing to lend, Dimon’s continued to offer credit to customers ranging from homeowners to Pfizer to the State of California. And when the United States needed a strong institution to bail out a failing bank, it turned — twice — to JPMorgan Chase.

Dimon sees himself as a patriotic citizen who helped his country in a time of crisis. Now the most visible face of Wall Street, he thinks banks and bankers have a role not only in rebuilding the economy but in coming up with remedies for the financial system. Critics say that, as a part — even a solvent part — of a failed system, he should be grateful for the government’s assistance rather than stridently critical, as he has been, of some of its reforms. Dimon, they note, took advantage of the crisis to acquire Bear Stearns and Washington Mutual, and J. P. Morgan emerged from the crisis as a vastly larger institution. That is a cause for alarm to 33 U.S. senators, who voted this spring for an amendment that would have forced big banks to dismantle. The country is deeply divided over the proper role, and the size, of banks, and nothing epitomizes these tensions quite like the narrative of Jamie Dimon.

Over the past few months, Dimon allowed me into his inner sanctum, giving me an insider’s view of how he thinks about banking and how he runs the bank. The executive I encountered was on a mission to reclaim a respected place for his industry, even as he admits that it committed serious mistakes. He was adamant that government officials — he seemed to include President Obama — have been unfairly tarring all bankers indiscriminately. “It’s harmful, it’s unfair and it leads to bad policy,” he told me again and again. It’s a subject that makes him boil, because Dimon’s career has been all about being discriminating — about weighing this or that particular risk, sifting through the merits of this or that loan. Dimon has always been unusually blunt, and he told me that not only are big banks like J. P. Morgan (it has $2 trillion in assets) not too big, but that they should be allowed to grow bigger. This will come as an affront to critics in the Tea Party as well as in Cambridge lecture halls. America’s five biggest banks, including Dimon’s, now control 46 percent of all deposits, up from a mere 12 percent in the early ’90s. Since the financial crisis, a sort of Jacksonian animosity toward big financial institutions has overtaken the public — witness that, in the recent election, no fewer than 200 candidates spent money on ads attacking Wall Street. “Big banks don’t have a lot of friends right now,” says Nancy Bush, an analyst with NAB Research. “Europe loves its big banks. America hates them.”

JPMorgan Chase is a true colossus, the kind that progressives like Louis Brandeis inveighed against early in the previous century. It is America’s biggest credit-card company, the third-ranking mortgage issuer and the biggest in auto loans. In investment banking, it is neck and neck with Goldman Sachs. But neither Goldman nor any other firm can match J. P. Morgan’s breadth or overall strength.

Perhaps a simpler way to think of Dimon’s bank is that it provides diverse forms of financing to people as well as to corporations and also manages their investments. In all, it moves more than a trillion dollars in cash and securities through the system every day. Simon Johnson, a liberal economist at M.I.T., who favors busting up the biggest banks, takes aim at Dimon for “defiantly affirm[ing] that JPMorgan Chase should be allowed to grow bigger.” Set aside, for the moment, fears about “too big to fail”: Johnson writes that behemoths like J. P. Morgan offer no compensating benefits for the added risk of their size; indeed, he sees “no evidence for economies of scale or scope — or other social benefits.”

Dimon not only believes that view is “completely wrong,” but he is pursuing a strategy predicated on the benefits of synergies and economies of scale. “Walk into a Chase branch and we can give you so much quicker, better and faster,” Dimon says, referring to the bank’s array of loans, credit cards and investment products. “Like Wal-Mart. ” It is an intriguing comparison; this is how Dimon wants to be seen — as a retailer with 5,200 branches nationwide whose products happen to be financial services. The reason that J. P. Morgan runs so many disparate businesses, he says, is that they aren’t really disparate. Just as customers in Wal-Mart shop for groceries as well as televisions, people who want credit cards also need mortgages; small businesses that require commercial loans occasionally need an investment banker; and all of the above need a place to put their assets.

Few people think of banks this way, but as Dimon observed in a shareholder letter in 2005, “Twenty years ago, who would have thought [Wal-Mart] would sell lettuce and tomatoes?” As with lettuce, most of the products that banks offer are commodities. (No one cares where they get a loan, as long as it is cheaper.) Dimon sees the front of the store, which lends money, as linked to the back, which deals in securities. Glass-Steagall, the 1930s law that separated Wall Street from banking, forbade this approach, but it was repealed in the 1990s. Dimon’s biggest quarrel with Dodd-Frank, the financial-reform legislation enacted over the summer, was that it erected new walls. Damon Silvers, policy director for the A.F.L.-C.I.O., said of J. P. Morgan’s lobbying effort, “They fought anything that appeared to resiloize the financial system, such as the Volcker rule,” which will prevent banks from trading with their own capital, “and other kinds of neo-Glass-Steagall things.” Dimon vigorously supported enhanced mortgage regulation but not a separate consumer agency to administer it; he backed more controls on derivatives, but not the aspect of the law that requires banks to set up a new subsidiary for certain types of derivatives. (That and other derivatives reforms could clip $1 billion from J. P. Morgan’s revenues a year.)

Dimon echoes the standard business sentiment that boundaries that create inefficiencies raise costs for the enterprise and, therefore, for customers. Perfectly unfettered, he thinks one bank could gain a 30 percent share of the market. Dimon doesn’t defend monopoly, but he says Americans should view financial mergers as not any scarier than, say, combining Chevrolet and Buick and calling it General Motors. Of course, financial companies are different. G.M.’s assets won’t disappear overnight; during a panic, a bank’s just might, and that could destabilize the financial system. This is why banks are closely regulated. A lot of the focus on preventing panics has centered on the size of banks; Dimon argues that regulating capital levels is more effective. Requiring higher capital puts a brake on how much banks can lend, and therefore earn, but gives them an added cushion to withstand losses.

There are, believe it or not, reasons for wanting banks to be big, including safety. A large bank with many loans is less prone to failure than, say, a bank in Texas that lends to only oil drillers. For related reasons, as a bank gets bigger, its credit will generally be stronger, its borrowing costs lower. But as Dimon points out, banking also suffers from diseconomies of scale, like the lack of attention to detail and the “hubris” that can undermine a large organization. Such sins are precisely what crippled Citigroup and A.I.G. Nonetheless, Dimon insists that for a bank that gets it right, the positives of consolidation are overwhelming. Since J. P. Morgan’s acquisition, in 2008, of Washington Mutual, each Chase branch spends $1 million less on overhead and technology than it did before. “Economies of scale are a good thing,” Dimon stresses, sounding like a buttoned-down version of Sam Walton. “If we didn’t have them, we’d still be living in tents and eating buffalo.”

DIMON GREW UP IN QUEENS, the grandson of a Greek immigrant who rose from bank clerk to stockbroker, a profession also taken up by Jamie’s father. At home, Jamie absorbed a first-generation reverence for America and the stock-market wisdom of Benjamin Graham. (A disclosure: my mother is friendly with Dimon’s parents.) Teddy, his twin, recalls a superconfident sibling who always wanted the ball when the game was on the line. His interest in business took off in college, in part thanks to his father’s boss, Sanford I. Weill, already a legend for having built a brokerage empire. After Harvard Business School, in 1982, Dimon turned down an offer from Goldman Sachs and took the riskier route, going to work as Weill’s assistant at American Express. In 1986, after leaving American Express, Weill gained control of the Commercial Credit Company, a sleepy finance firm catering to middle-class clients — many of them the subprime borrowers of their day — and started rebuilding his empire deal by deal. Under Weill’s tutelage, Dimon was soon managing first one, then other financial operations — Primerica, Smith Barney, Salomon Brothers. He has been running banks ever since.

Like the mechanic who grew up in a body shop, Dimon today is intimately familiar with the details of his trade. Jack Welch, the retired chief executive of General Electric, says that Dimon stands out from the many other chief executives of banks he worked with. “Most banking executives get into a trading thing, and they don’t know a lot about other aspects of the bank,” Welch says. But Dimon does.

Ever since the late 1980s, Wall Street has been seized by repeated market meltdowns, often involving complex securities that have raised the broader question of whether America’s financial industry is truly benefiting the public. Dimon has lived through every such crisis of the past decade — from Russia’s debt default in 1998 to the broad collapse in 2008. And while the leadership of Wall Street has lately resembled a revolving door, Dimon emerged with his reputation intact and even enhanced.

That he manages to be the exception to the rule is a credit to his radar for trouble. Judy, his wife, whom he met at Harvard, claims he has an instinct for danger. Jay Fishman, who worked with Dimon in the ’90s (today he is chief executive of Travelers), says: “Jamie has a healthy regard for the idea that we will go through crises and that we will be lousy at predicting them. The flip side is he will run his businesses more carefully.” In the early ’90s, when banks were racking up huge losses in commercial real estate, Dimon ordered Fishman to study what would happen to Primerica if Citibank should fail. It was the sort of far-fetched risk that no other banker would worry about. A few years later, Primerica acquired Travelers, which had been weakened by Hurricane Andrew. Dimon demanded to see the catastrophe risk in every region the firm covered. Dimon did not have day-to-day control over insurance, but he routinely trespassed over organizational charts. He told Fishman to limit his exposure so that even a once-in-a- century storm would not cost the company more than a single quarter’s earnings. That was a highly unusual, and unusually conservative, approach.

THIS FALL, DIMON SPOKE at a conference sponsored by Barclays Capital: a thousand people crammed into the ballroom at a Manhattan Sheraton to hear him. The master of ceremonies began by noting that Dimon was also the lunchtime speaker at the conference in 2006, just before the mortgage bubble burst. It was interesting to recall, he said, who else spoke then: Kerry Killinger, the chief executive of Washington Mutual; Michael Perry, chairman of IndyMac; as well as executives from the subprime lender Countrywide Financial and Lehman Brothers. “Jamie told us that day about subprime exposure — his was the first major bank to talk about that,” the master of ceremonies said. “All of those other firms disappeared.”

Dimon, without so much as an introductory remark or joke, launched into a 45-minute fusillade on the “massive issues,” both regulatory and economic, facing J. P. Morgan. Dimon’s staff had asked him to tone down his political jibes, but he couldn’t resist showing a slide in which the new regulatory authorities created by Dodd-Frank appear as hopelessly tangled as strands in a bowl of spaghetti.

As the audience of investors was aware, Americans are in a downsizing mode; instead of taking out new loans, they are repaying debts incurred during the bubble. At J. P. Morgan and other banks, revenues have been steadily shrinking. Regulatory pressures are intensifying. Dimon, in other words, has reached the top at a moment when growth opportunities appear dimmer than they have in years.

One area Dimon is excited about is credit cards. J. P. Morgan is promoting a couple of Chase-branded cards, with the aim of cutting out partners like Starbucks. But Dimon laments that people — he means the Congress — don’t really understand the credit-card business. Last year, Congress enacted a law that restricted pricing flexibility — for instance, banks must give a 45-day notice before raising their rates, even when a borrower misses a payment. The legislation was meant to prevent sudden interest-rate increases that had caught cardholders unawares.

Dimon argues that all businesses charge for some things and not for others. For instance, restaurants give you the tablecloth and the silverware free and “mark up” the food. (Dimon loves to illustrate banking verities with examples from more familiar, and less threatening, industries.) Credit-card companies provide a service — convenience — “free,” but the business entails significant risks. In a typical month, Chase lends $140 billion to people, with no form of security. The bank earns interest on those loans, of course, but it has to pay expenses and eat the bills of cardholders who fail to pay them back. Before the bust, unpaid bills totaled roughly $6 billion; in 2009, when unemployment rose to double digits, credit-card losses soared to $18 billion, and the business plunged into the red. How to set rates that keep such a business both profitable and an attractive proposition for customers is what bankers do — or at least, what they try to do.

To compensate for its inability to quickly raise rates, Chase has decided to lessen its exposure by no longer offering cards to a portion of its customers that it deems the riskiest. This isn’t necessarily bad; if the mortgage mess taught us anything, it is that banks should exercise discipline. Dimon is also protecting his firm by raising fees in areas that the law doesn’t reach. Free checking is on its way out. “Because you can’t charge for some things,” Dimon rattled on at the Sheraton, “you have to charge for others. When the government gets involved in pricing, I don’t think it’s the right way to look at a business.”

There is another way to see it: that absent government regulation, a contract between an individual borrower and a global bank is apt to be a lopsided affair, because of the parties’ grossly unequal information. The imbroglio over debit-card fees is a case in point. Before Congress acted, banks were raking in overdraft fees. “It got to be too much,” Dimon acknowledged to me later. “People have a $2 cup of coffee, and they got a $34 fee, three times a day.” Banks now have to solicit permission from customers before letting them overdraw. Bank of America is not, as a rule, permitting debit-card customers to overdraw, in effect protecting customers from themselves. J. P. Morgan, taking a less paternalistic approach, is seeking its customers’ permission. “People should have a choice,” Dimon says. The logic is, if you are waiting in line at Target to pay for a digital camera and are $20 short, you might want the ability to overdraw. From society’s standpoint, there is a tension: at what point do we want banks to stop serving us drinks?

Chase pushed its patrons hard; its letter soliciting overdraft rights fairly screamed (in red ink), “Your debit card may not work the same way anymore . . . unless we hear from you.” The Consumers Union, based in Washington, objected to its alarmist tone. Dimon agreed that the letter was “obnoxious.” While still seeking overdraft permission, he pulled the letter. J. P. Morgan is showing some leniency with other fees; the bank is no longer zinging customers for overdrafts of less than $5. Dimon says these changes are good; it is doubtful they would have occurred had activists not raised a stink. This is also an argument for the financial-consumer agency that Dimon opposed.

DIMON’S LIFE IS WORK and family (he has three 20-something daughters). On weekends, he consumes a mountain of printed material; he arrives on Monday with a penned list of questions for subordinates (he carries the list in his breast pocket, crossing off items as he grabs people in the hallways). He regularly grills the executives in J. P. Morgan’s six business units over every possible contingency; he personally monitors the bank’s largest credit and trading exposures. Though Dimon seemingly meddles in every detail, he relies on his lieutenants and lets them push back. “It’s not a one-man band,” says John Hogan, the head risk manager of the company’s investment bank. “It’s a discussion. He listens; he probes.”

Hogan’s comment notwithstanding, Dimon is a famously bad listener. He interrupts and finishes people’s sentences. At a recent off-site meeting, he was so domineering that one of his partners complained, “Jamie, you’re not allowing any give and take.” Dimon backed off. J. P. Morgan is far more of a team-run organization than his cult status might suggest, and it’s not uncommon to see executives shouting around a table. On a recent Monday, Dimon convened the leaders of Chase’s retail bank — the one that is stuffed with nonperforming mortgages. The corporate headquarters, a skyscraper rising from Park Avenue, was suffused in a misty gloom. The executives discussed one positive sign — an apparent tapering off of new delinquencies. For Chase as for other banks, however, mortgage problems will not go away. Dimon got an update on efforts by Fannie Mae and Freddie Mac to force the banks to buy back billions in faulty mortgages; the two agencies, which buy the bulk of mortgages in this country, say the banks offloaded loans that were not up to the agencies’ standards. It’s a serious concern, and Chase, which is contesting some of their claims, has set aside $3 billion (equal to 3 percent of its revenue) to cover possible losses.

Nationwide, more than four million mortgages are seriously delinquent — a staggering number. In their eagerness to unload such loans, banks have rushed to foreclose, submitting many thousands of improper affidavits. Plaintiffs’ lawyers have called for a halt to the process, and Chase has suspended 115,000 foreclosures. Dimon acknowledged to me that in Chase affidavits, individuals incorrectly said they had reviewed loan files when in fact they relied on the work of others. So far, he says, Chase has not found cases of homes foreclosed on in error; payments on its suspended foreclosures are, on average, 15 months overdue.

The states are investigating. Tom Miller, the Iowa attorney general, who is leading a 50-state inquiry, says banks should follow the letter of the law; the point of requiring proper affidavits, he notes, is to ensure that banks bent on foreclosing submit reliable evidence to the courts. He also has a broader purpose. “What we do feel,” Miller says, “is that the mortgage-servicing companies should do a better job on reaching modifications. When a homeowner can make a payment, everybody wins.”

Like Miller, many people wonder why banks don’t simply renegotiate the terms. Chase and other banks have been sued for not modifying loans quickly enough under a government program intended to ease the crisis. People at Chase say they are working full speed, but the program is nightmarishly complex. Since the start of 2009, Chase has agreed to modify 272,000 mortgages, about half of which are processed through government programs. Over the same span, Chase has foreclosed on 224,000 homes. Foreclosure is not an optimal outcome for lenders, but nor is it in their interest to grant universal forgiveness. Chase, for instance, does not want to modify loans of borrowers who are hopelessly behind and would most likely default even with a modification.

One area where it sees an opportunity is among homeowners who are current on payments, but might be tempted to walk because their mortgage debt is significantly higher than their property is worth. At the Monday meeting I attended, Ravi Shankar, a senior executive in Chase’s mortgage business, described a new program to modify a batch of particularly bad loans that Chase inherited from Washington Mutual. The WaMu loans were due to “reset” to roughly twice their current interest rate, at which point many of the borrowers would probably default.

Shankar’s unit had reduced the principal on billions of dollars of these mortgages by about a sixth, bringing them in line with market value. Dimon snapped, “I wouldn’t do modifications on investment properties.” People who bought real estate as a speculation are a sore spot with Dimon. They have defaulted at epidemic rates — many after fraudulently claiming to be purchasing a primary residence. (One asked Chase for modifications on nine different loans.) Shankar responded that the program has been offering modifications to investors. “Well I hope you chose the right people, Shankar” — Dimon’s tone was jocular but edgy. Armed with statistics, Shankar reported that, so far, the program was succeeding in reducing foreclosures. The numbers seemed to bring Dimon on board, and he exclaimed, “We should try aggressively to do as much as we can for these folks.”

Later, we went to Dimon’s office to talk. He sat in an armchair next to a freestanding globe, with a view looking northeast over the Manhattan skyline. Dimon ruefully observed that the optimal way to deal with delinquent loans would be to evaluate customers one at a time — the way the bygone corner banker did when a borrower got sick or lost his job. Of course, corner banks disappeared when conglomerateurs like Dimon acquired them. But it’s important to remember that the mass production of mortgages was welcomed early in the decade, because it allowed more people to get credit. Society wants banks to make loans, only not with such improvidence that large numbers of borrowers end up defaulting. There is, again, a tension between these goals; and when mortgage shops were converted to factories, banks lost sight of how to manage it. “This is way beyond the capacity of the machine,” Dimon admitted.

AT 54, DIMON REMAINS TRIM, and though his hair is salt and peppery, there is something boyish — a puckish, faintly suppressed grin — in his manner. He speaks hurriedly, almost garbling the words, clutching a coffee cup while jabbing the air with his free hand. Colleagues marvel at his accessibility and his seemingly perfect recall. “You go in his office, there is almost nothing on his desk,” says Steve Black, a longtime colleague. “He reads it and remembers.”

I first met Dimon 12 years ago, after Sanford Weill merged his growing financial empire into Citigroup. Dimon was the heir apparent, and to the outside world, the two had a perfect partnership. Weill masterminded the deals, and Dimon performed the intensive labor of managing people and evaluating risks. But under the surface, their relationship was strained. Weill was insecure about Dimon’s growing assertiveness; Dimon was a restless No. 2. Once, when Dimon was in high school, his twin recalled, a math teacher chewed out the class, wrapping up his tirade with a rhetorical, “Does anyone have a problem with that?” Jamie raised his hand and said, “I do” and was promptly booted out. Chafing under Weill’s ego, he acted out again. Late in 1998, Weill fired him.

Dimon handled his dismissal without noticeable bitterness. He spent more time with his family, read more books (he tends toward biographies of statesmen) and took boxing lessons. He also experienced an epiphany. On the day he was fired, leaving the building for the last time, he ran into Guy Moszkowski, a securities analyst, in the lobby.

Moszkowski asked what Dimon, then 42, would do next. “I don’t know,” Dimon replied. “I’m going to take my time. But I’m never going to work for anyone else again.”

Sixteen months later, in the spring of 2000, Dimon took the top job at Bank One, a troubled Chicago bank that was operating in the red. It also had a cultural problem; following a merger of two rival organizations, it had never melded into a cohesive entity. This was symbolized by its unwieldy, 22-person board. Dimon trimmed the board to 14 members. Then he asked the board to cut the dividend, further challenging the directors, whose constituents (shareholders) wanted the income. Dimon said strengthening the bank’s capital came first. Next he fired hundreds of consultants. Then he gathered the senior managers and told them nobody (himself included) was getting a bonus.

By 2003, he had turned the bank around. The following spring, he merged Bank One with JPMorgan Chase, a storied bank that had been hurt by Enron and other fiascoes. It was also troubled by the poor cohesion of various mergers. The simmering rivalries between their former staffs were so intense that traders were known to sabotage one another by withholding data. Dimon, who was president of the combined bank and became chief executive after 18 months, went around telling people they were overpaid. Once again he slashed bonuses. His style was harsh but effective. One manager described him as “shockingly direct.” Lieutenants told me that he made decisions on the merits and was committed to the success of the whole bank, rather than to one faction or another. For a company torn by politics, it was refreshing.

When Dimon arrived at J. P. Morgan, Bill Winters, the co-head of the investment bank, had heard that Dimon viewed derivatives trading as excessively risky. Winters confronted him, and Dimon responded that he didn’t understand derivatives well enough to have an opinion. Winters took him to school. “It got quite detailed — long-dated currency options and so on,” Winters recalled. “He was the only C.E.O. I ever worked for who did that.”

Dimon inculcated a culture of risk-control by preaching accountability. His point in firing consultants was that employees, not outsiders, should be responsible for the bank.

Dimon has a reputation as a cost cutter; it’s a term he hates and one that obscures his protective feeling toward the organization. Linda Bammann, who served a stint as deputy chief risk officer, recalls that when he hired her, he took her to dinner and said: “Every single person in this firm is our responsibility. If we ever have to lay people off, it’s because we haven’t done a good job.” No one would call Dimon cuddly: he is profane, snappish and sparing with praise. What comes through, according to a large sampling of colleagues, is his passion for the organization. His wife’s word for him is “maternal.”

Dimon’s mantra is “Do the right thing.” That might sound like a corporate bromide, but it informs his view of how to run the company, from dealing with problems directly to trying to make gay employees at his firm feel comfortable. Dimon seems incapable of stifling unpleasant news; this translates, at a corporate level, to a rare emphasis on transparency. In a company aiming for interbusiness synergies, openness has strategic value. Unlike in the pre-Dimon days, heads of the various units share their numbers. Openness also works as a sort of spiritual glue. Mike Cavanagh, who worked for Dimon in the early ’90s, jumped ship from Citigroup to join him at Bank One and today runs a J. P. Morgan business that caters to institutional clients, says Dimon “can’t help but tell the truth.” Though executives would like to see Dimon develop a little humility, colleagues speak of him with uncommon loyalty.

DURING THE MORTGAGE DEBACLE, Dimon’s reputation for averting risk suffered a hit. Oddly, the executive who worried about 100-year storms failed to challenge the industry models on home defaults. Many banks, including Chase, issued “stated-income loans” on which applicants were not required to document their income. Some mortgage brokers clearly encouraged borrowers to lie. Dimon says he thought Chase had enough information, electronically, to police such loans. “We didn’t anticipate the lying,” Dimon says, harping on a familiar theme — that bankers were not the only ones at fault. The blame for lying may have been his customers’, but the responsibility is Dimon’s. As Warren Buffett once observed: every bank is offered bad loans; it is the banker’s job to reject them. At Bank One, Dimon had ceased buying mortgages from outside brokers because their performance was poor. At Chase, he bought them. When I asked why, Dimon said underlings convinced him they were exercising proper caution, adding, “It was a huge business, packaging and selling [the loans] to Fannie Mae.” Turning silent, Dimon rotated his palms face up — as if nothing could excuse his error. “I bought that crap,” he concluded.

J. P. Morgan was also too blasé in extending credit to private-equity buyers. Dimon got several things right, however. He nixed the most aggressive type of mortgages, known as option ARMs, on which borrowers were hooked on an initial low teaser rate. He kept the bank’s capital position strong. He did not go overboard on short-term debt (a cheap source of financing, but one that can render a bank vulnerable in a panic). And he was wary of the now-infamous packages of mortgage securities known as collateralized debt obligations, or C.D.O.’s. Winters and Steve Black, who jointly ran the investment bank, didn’t think the risks of C.D.O.’s were worth it, and kept the portfolio small. This meant forgoing big profits, and Dimon invited Winters and Black to a dinner of the board to explain in detail JPMorgan Chase’s reluctance to follow its peers — a typically Dimon bit of leveling with his board. Executives say the collaboration between Chase (which issued mortgages) and J. P. Morgan (which traded them) prompted the company to reduce its risk faster than others.

In August 2006, Dimon learned that default rates on brokered mortgages were worrisomely rising. He ordered a study of the bank’s exposure and tightened its loan criteria. At the time, the subprime craze was going full blast. In his annual letter to shareholders, published early in 2007, Dimon warned that the favorable credit environment was coming to an end and investors should brace for a downturn. Annual letters are generally exercises in spin control written by staff members; Dimon writes his own. Not satisfied with a generalized warning, he specified how much JPMorgan Chase could lose if the boom times ended. By contrast, Citigroup’s chief executive, Charles Prince, devoted all of three sentences to the credit outlook in his annual letter, in which he forecast “moderate deterioration.”

The next year, in a strikingly self-critical missive, Dimon admitted he had underestimated the severity of the crisis. “We still found ourselves having to tighten our underwriting of subprime mortgage loans six times through the end of 2007,” he wrote. “Yes, this means our standards were not tough enough the first five times.” Prophetically, he warned of a “panic” if mortgage investors should sell in unison.

Shortly after he wrote those words, the government implored him to rescue Bear Stearns, which was experiencing just such a panic. Dimon concluded that the risks were too great and turned the government down. When Timothy Geithner, then head of the New York Fed, persisted, Dimon asked for a federal backstop, and the deal went ahead with government assistance.

Bear Stearns modestly added to J. P. Morgan’s franchise (Dimon says he was largely motivated by a desire to ease the crisis). More significant was the purchase of Washington Mutual, the country’s biggest savings and loan, which Dimon picked up at a fire-sale price after the government seized it in September 2008.

He also prepared for the worst. Around the time Lehman failed, Dimon began holding three daily risk meetings to monitor J. P. Morgan’s exposure. Meanwhile, he mapped out a plan to withstand a surge in unemployment. “We could have handled 15 percent,” he told me. If total disaster struck, he figured he could lay off 45,000 of his 233,000 employees, cease all marketing and slash pay. “We would have survived,” he insists. The market ratified that verdict: as depositors fled from weaker banks, J. P. Morgan took in an additional $180 billion.

A turning point in Dimon’s collaboration with the federal government arrived in October, when Henry Paulson, the Treasury secretary, summoned nine chief executives and told them that the Troubled Asset Relief Program would be used to invest directly in their banks. Dimon told his board that J. P. Morgan did not need the capital and didn’t see any benefit in taking it. (It did benefit from another government program, which guaranteed banks’ debt issues, and thus secured them a lower interest rate.) Under pressure from Paulson, Dimon reluctantly accepted the TARP. Again, he says he believed he was acting for the country’s good.

TARP became a symbol of bailout policy gone awry. Actually, the program has succeeded for banks and, thus far, for the government. Taxpayers earned $795 million on the J. P. Morgan stake. Dimon is upset that people think he was bailed out. But there is at least some truth to the view of Christina Romer, a former economist for President Obama, who notes that Dimon “was part of the system that gave rise to the crisis. He certainly benefited. If the system went south, he’d have gone south with everybody else.”

A LIFELONG DEMOCRAT, Dimon supported Obama in 2008. After the election, he wrote thoughtfully on financial reform. His suggestions were not the stuff of a banking apologist; arguing that the system of bundling mortgages into securities had to be revamped, he wrote to shareholders, “We cannot rely on market discipline alone to fix this problem.” He expounded on the need for “health care coverage for all,” infrastructure spending and energy innovation — with a few tweaks, it could have been an Obama stump speech. Presumably, Dimon figured Washington would at least listen. But as public ire against bankers mounted, word came back that the White House wasn’t interested in Dimon’s ideas: bankers were part of the problem, not the fix.

Late last year, he was due to visit the White House with a group of chief executives. The day before, “60 Minutes” broadcast an interview with Obama in which he referred derisively to “fat cat” bankers. To Dimon, who earned $16 million for 2009 — all but $1 million of it in long-term stock incentives — the slap was the sort of broad-brush slur he was hearing too much of on all sides. He reminded the president: “President Lincoln could have denigrated all Southerners. He didn’t.”

Judy Dimon says the crisis took a toll on him. He used to stand up to bullies who threatened his smaller twin; now he felt as if he, and bankers in general, were being bullied. There is a picture in the Dimons’ Park Avenue home of James Dean in a sidelong pose and a leather jacket; it reminds Judy Dimon of the contrarian business-school student who also wore black leather and seemed, even as he raced up the corporate ladder, not quite establishment. Jamie Dimon, of course, is a rebel with a very pinstriped cause. I saw him entertaining corporate clients over dinner, rousing his guests to “fight for what you believe in” in Washington, meaning turning back the tide of what he regards as ill-considered regulation. During the Dodd-Frank debates, he argued with a U.S. senator, and later, during a family dinner at the Four Seasons restaurant, he spoiled the family’s night out by ripping into a politician who innocently wandered by his table. He seems to not quite connect the backlash against bankers to the deep recession that Wall Street did in fact trigger.

Dimon does not dispute that mortgage lenders and investment banks deserve a lot of the blame. But regulatory lapses and excess leverage throughout the system, he says, contributed as well. What gets him riled is his sense that Washington is captive to a binary, us-against-them environment in which bankers are cast as villains. Perhaps naïvely, he was disappointed that political concerns played a large role in shaping the legislation. (An example is that Dodd-Frank limited bank investment in hedge funds, even though the latter were peripheral to the crisis.) In contrast, Dimon admires the approach of the members of the Basel Committee, the international regulators who are imposing heightened capital requirements, because they are asking the questions that, in theory, bankers ask of themselves: how much capital do banks need to withstand the inevitable downturn, and what is an acceptable level of risk?

Although he supports most of Dodd-Frank, Dimon says he wishes Congress had thought more deeply about the role that big banks — and big corporations generally — play in society. Unprompted, he declared, “There is a huge misunderstanding on how the economy works, how Main Street and Wall Street work.” They aren’t at odds, Dimon was saying; Wall Street intersects with Main Street. “A lot of jobs are created in small businesses, but what drives them is capital expenditures. When Caterpillar builds a plant,” Dimon continued, mentioning a big J. P. Morgan client, “that’s good for jobs. And not just jobs. These big companies lead the way in philanthropy, in having diverse work forces. Yet we act like they’re some bad thing.” Now worked up, he launched into a defense of his values. “Do I want everyone to have access to universal health care? Yes. Do I want inner-city kids to graduate from schools? Yes. Personally, I don’t mind paying higher taxes. But don’t mess up the machine that creates the value so you can do these things. This economy is what gave us everything.”

Since the financial crisis, Dimon has asserted that it’s the interconnectedness of markets — the tendency of investors to flee from one vulnerable asset class and then another — rather than the size of banks that presents the greatest systemic threat. Banking in the United States, he notes, remains far less concentrated than in just about every other developed nation. As he wrote in one of his sermonlike shareholder letters: “This is not your grandfather’s economy. The role of banks in the capital markets has changed considerably.” He means that banks, once the principal source of loans for America, today supply less than a third of the total credit. The rest comes from bond investors, money-market funds, mutual funds. These new or expanded capital markets, Dimon says, have converted formerly long-term assets (think mortgages) into liquid securities that can be sold in an eye blink. And it was those securities that were the main source of panic in 2008.

Of course, once the panic started, several of J. P. Morgan’s rival investment banks did suffer a run, and while Dimon is correct that these episodes differed from the 1930s-style bank runs, it’s not unlikely that if another crisis occurs, regulators will be tempted to rescue the biggest banks again. The new “systemic regulator” that the Dodd-Frank act established is meant to unwind a failing institution without rewarding its creditors or investors. Dimon is a huge supporter of the concept. “No one should be too big to fail,” he tells me. And J. P. Morgan? “Right,” he says. “Morgan should have to file for bankruptcy.” Suddenly, he begins to scratch out how a putative bankruptcy of his company would look, dissecting the capital structure line by line.

Ben Bernanke, the Federal Reserve chairman, recently predicted that the banking behemoths will most likely break up over time. Bernanke has considerable clout, because the Federal Reserve has yet to enact capital rules for the very big banks; conceivably, the Fed could make it too costly for them to stay big. Even if it doesn’t, banks are forbidden to acquire more than 10 percent of the total of deposits. Since J. P. Morgan is already over 9 percent, Dimon has probably cut his last deal, at least within U.S. borders.

That is one reason he is focusing overseas. Last year, J. P. Morgan financed the acquisition by Kirin, the Japanese brewer, of a beer company in Australia as well as a Brazilian purchase of a steel company in the United States. It will have to do more such deals to get the international share of its corporate business to half from its current 30 percent. At home, Dimon is personally more involved in winning business (he courted General Motors’ federal overseers to become the co-lead in underwriting G.M.’s stock sale). He is likely to play that role overseas, as well. He appointedTony Blair, the former British prime minister, as senior adviser to the bank, and Dimon personally visited Africa, China, India and Russia this year; he saw Vladimir Putin at Putin’s summer residence and returned impressed by his knowledge of global business (he has not said anything so flattering with respect to Obama).

Noting Dimon’s global emphasis, Simon Johnson, the Dimon critic and a former International Monetary Fund economist, wrote in The New Republic that J. P. Morgan is becoming too global to fail — and that this is dangerous for society. He argues that, notwithstanding the intentions of Dodd-Frank, supersize banks could be bailed out again, because the world economy is becoming dependent on them. Though this is hypothesis, big institutions do wield political clout, and this is a potential drawback of size. Dimon’s point is that Asia and Europe are host to a growing portion of the world’s financial giants; for competitive, if not for patriotic reasons, America needs its share. Alan Blinder, a former Fed vice chairman, may be right when he says that in today’s economy, it is time to get over Jacksonian fears of bigness. “It’s a romantic notion to say we are going back to an era when all banks were small,” Blinder says.

Historically, the biggest enemy of big banks hasn’t been government rule-making but rather missteps by banks. Citigroup’s expansionist vision was derailed when it overlooked the risks in collateralized debt obligations and, more essentially, when Weill, who retired as chief executive in 2003, failed to name a capable successor. Although Dimon could remain at J. P. Morgan for another decade — he says he has forsaken any thought of public service — J. P. Morgan’s enormous heft gives the public more than a passing interest in what and who comes next. Board members consider it an active concern. “When you have a guy as skilled as Jamie, you have to be sure that the bank is not just Jamie — that you have a team,” a director told me.

The issue flared into the open in 2009 when the investment bank became torn by a bitter disagreement between its co-chiefs, Winters and Black. Dimon became convinced that Winters, with whom his own relationship was strained, would not be his successor. Black was older than Dimon and out of the running. Dimon was especially alarmed by the feuding because he views the investment bank as an arena for grooming the next chief executive. Late last year, he fired Winters and moved Black, formerly one of his closest confidants, out of a key role. (Black, who was deeply wounded, subsequently announced his resignation. He still calls Dimon “a terrific leader.”) Alluding obliquely to the turmoil in his annual letter, Dimon wrote that “poor C.E.O. succession has destroyed many a company.” With Winters and Black in mind — or was it himself and Weill? — he vowed to avoid “a psychological drama or a Shakespearean tragedy.”

WHILE J. P. MORGAN’S management is considered strong, the disruption was a reminder that banks can go bad in a hurry. And Dimon has yet to fulfill one of the primary tasks he was hired for: to generate enduring wealth for shareholders. Since he arrived at J. P. Morgan, in 2004, the company’s stock is flat, a dispiriting result that the directors surely didn’t anticipate. His achievement can be measured in terms of the trouble he avoided — the average bank stock, over that time, is down by half.

One of his Morgan colleagues says that for Dimon to go down as, possibly, the best chief executive of his era, he has to get the stock up and also raise the bank’s profitability. Dimon would like to see such gains, of course, but he manages with a sense of fatalism that discourages the setting of precise targets. The very role of banks in the future — will they prosper as more regulated entities or give ground to less controlled nonbanks? — is murky. Dimon is no futurologist; he is more comfortable talking about the blocking and tackling of the business, his hope to execute better, to lower costs. When I ask about his ambition, he says he wants to make the business more vibrant for customers and employees, which should lead to more homes financed and jobs created. If he can manage that, he will feel that he served his shareholders and, in a way, served the country, too.

It has been a while, of course, since a banker dared to speak of his trade as a public service. Too many homes have been lost; too much illusory equity disappeared into the smoke and mirrors of the bust. Dimon is not some corner lender; he runs a vast bank. Throughout American history, the financiers who ran such giants have been, variously, lionized as builders and disdained as captains of a privileged class. Dimon would have little patience for such sweeping clichés. His recipe for restoring his industry’s reputation is prosaic: “You do the right thing every day, or try to. There will be mistakes — you correct them.”

Roger Lowenstein, an outside director of the Sequoia Fund, is a contributing writer and the author of “The End of Wall Street.”
 
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Jamie Dimon: Becoming Too Big To Save – Creating Fiscal Disaster
http://baselinescenario.com/2010/12/03/jamie-dimon-becoming-too-big-to-save/

By Simon Johnson

In Sunday’s New York Times magazine, Roger Lowenstein profiles Jamie Dimon, head of JP Morgan Chase. The piece, titled “Jamie Dimon: America’s Least-Hated Banker,” is generally sympathetic, but in every significant detail it confirms that Mr. Dimon is now – without question – our most dangerous banker.

Mr. Dimon is not dangerous because he is in any narrow sense incompetent. On the contrary, Mr. Dimon is very good at getting what he wants. And now he wants to run a bigger, more interconnected, and more global bank that – if it were to fail – would cause great chaos around the world. Lowenstein writes,

“Dimon has always been unusually blunt, and he told me that not only are big banks like JP Morgan (it has $2 trillion in assets) not too big, but that they should be allowed to grow bigger.”

The problem with very big banks is not that they are “too big to fail,” in the sense that it is physically impossible for them to fail. It is that they are so large and therefore so connected with each other — and with all aspects of how the modern economy operates — that the failure of even one such bank would cause great damage throughout the world.

Lehman Brothers had a balance sheet of around $600 billion when it failed. Its collapse helped trigger the worst financial crisis and deepest recession since the 1930s. Imagine what would happen if JP Morgan Chase – even at today’s scale – were allowed to go bankrupt.

Dimon is brilliantly disingenuous on this key point.

“No one should be too big to fail,” he tells me. And J. P. Morgan? “Right,” he says. “Morgan should have to file for bankruptcy.”

But Dimon himself argued, in a November 2009 op ed in the Washington Post, that regular bankruptcy is not a feasible option for megabanks. Instead he eloquently advocated the creation of a special resolution mechanism for big banks – an update and expansion of the powers that the FDIC has long used to handle the orderly failure of small and medium-sized banks with insured retail deposits.

“Creating the structures to allow for the orderly failure of a large financial institution starts with giving regulators the authority to facilitate failures when they occur. Under such a system, a failed bank’s shareholders should lose their value; unsecured creditors should be at risk and, if necessary, wiped out. A regulator should be able to terminate management and boards and liquidate assets. Those who benefited from mismanaging risks or taking on inappropriate risk should feel the pain. We can learn here from how the Federal Deposit Insurance Corp. closes banks. As with the FDIC process, as long as shareholders and creditors are losing their value, the industry should pay its fair share.”

Unfortunately, the resolution authority that ended up being created by the 2010 Dodd-Frank financial reform legislation does not cover JP Morgan Chase because Dimon’s bank operates so extensively outside the US (30% non-US in its current business, on its way to 50%, according to Lowenstein). There is nothing in the current resolution mechanism or the broader powers of the Financial Stability Oversight Council that enables the relevant authorities to implement the orderly winding down of a cross-border bank, like JP Morgan is today or Lehman was in 2008.

And there is no prospect of any kind of inter-governmental agreement to put in place a process for imposing orderly and foreseeable losses on the creditors to cross-border bank. In fact, the Basel Committee of bank regulators, which has jurisdiction in this matter – and which Dimon praises in the NYT interview –has definitely decided not to take up the issue.

JP Morgan Chase is already Too Big To Fail. If it were to threaten failure, the government would face a terrible choice: provide some form of unsavory bailout, i.e., fully protecting creditors; or risk the outbreak of a Second Great Depression. While the executive branch pondered these alternatives, there would be global financial panic.

But that is not the worst of our worries. Jamie Dimon is apparently dead set on ensuring JP Morgan Chase becomes even larger, in part by expanding its operations in emerging markets in India, China, and elsewhere.

As Ireland and other European countries have recently discovered to their horror, Too Big To Fail banks that want to expand globally can grow so large that they become Too Big To Save. “Too Big To Save” means that the government wants to save the bank – e.g., by providing a blanket guarantee, as the Irish did in October 2008 – but that creates such a large liability for the state that it pushes the entire country into insolvency.

JP Morgan Chase is well on its way to becoming Too Big To Save. Through expanding overseas, it effectively bypasses the weak controls we still have in place on bank size (no bank is supposed to have more than 10 percent of total retail deposits). Experience in Europe is that this strategy can enable individual banks to build balance sheets that are larger than the GDP of the country in which they are based – in the UK, for example, the Royal Bank of Scotland had a balance approaching 1.5 times the size of the British economy. And then it failed.

If JP Morgan Chase were to reach the equivalent size in the US, it would be a $20 trillion bank. Perhaps that would take a while, but JP Morgan Chase soon at $4 trillion or $8 trillion is easy to imagine.

Dimon argues that banks becoming bigger is the natural outcome of market processes. He is completely wrong – as Thomas Hoenig, president of the Kansas City Fed explained in a NYT op ed this week:

“These firms [big banks] reached their present size through the subsidies they received because they were too big to fail. Therefore, diminishing their size and scope, thereby reducing or removing this subsidy and the competitive advantage it provides, would restore competitive balance to our economic system.” (See also this news coverage on Hoenig’s views.)

Or listen to Gene Fama – the father of the modern “efficient markets” view of finance. He told CNBCthat Too Big To Fail banks are “perverting activities and incentives”, giving big financial firms,

“a license to increase risk; where the taxpayers will bear the downside and firms will bear the upside.”

Or read the recent letter to the Financial Times by Anat Admati and other top names in academic finance (here’s the version of their text on the Stanford website). They could be speaking directly of Dimon and his views in the NYT piece when they say:

“Many bankers oppose increased equity requirements, possibly because of a vested interest in the current systems of subsidies and compensation. But the policy goal must be a healthier banking system, rather than high returns for banks’ shareholders and managers, with taxpayers picking up losses and economies suffering the fall-out.” (See also Professor Admati’s follow up letter to the FT this week, further blasting the views of top bankers and their acolytes; see this link for a version not behind the FT wall: latest letter.)

Jamie Dimon’s job is to make money for his shareholders and even he has struggled – the bank’s stock price is only roughly where it was when Dimon took control in 2004. He really believes that the answer to his stock price doldrums is to make JP Morgan Chase bigger and more complex. In effect, he wants to load up on risk – hoping that this will pay off for him, his employees, and (presumably) his shareholders, and really not caring much about who bears the downside risk.

Lowenstein mentions at various points that Dimon was a protégé of Sandy Weill, but he neglects to remind us that Weill in his heyday espoused many of the same ideas that Dimon stresses in the interview. Weill believed there were great synergies between commercial and investment banking (and insurance). Weill was convinced that bigger was undoubtedly better both for shareholders and for society. He was wrong on all counts, as explained by Katrina Brooker in the NYT earlier this year,

“The dream, the mirage has always been the global supermarket, but the reality is that it was a shopping mall,” says Chris Whalen, editor of The Institutional Risk Analyst, of Citi’s evolution over the last decade. “You can talk about synergies all day long. It never happened.”

Sandy Weill, of course, built the modern Citigroup, which effectively collapsed – in spectacular fashion – in 2008-09, and which had to be rescued by the government at least twice. What was Citigroup’s balance sheet at the time? It was just over $2 trillion, roughly the size of JP Morgan Chase today. And Citigroup was (and is) extremely global – doing business in more than 100 countries.

Jamie Dimon is intent on building a bank that will surpass all the size and complexity records set by Sandy Weill’s Citigroup.

Whether or not JP Morgan Chase will fail on Jamie Dimon’s watch remains to be seen. He is, without doubt, a relatively careful risk manager in an industry where hubris tends to run amok.

But sooner or later Jamie Dimon will hand over the reins to someone who is decidedly less careful, someone who goes with the groupthink, and perhaps even someone like Chuck Prince, head of Citigroup, who inherited Sandy Weill’s mantle and said – in July 2007,

“When the music stops, in terms of liquidity, things will be complicated. But as long as the music is playing, you’ve got to get up and dance. We’re still dancing.”

The music had already stopped when he said that.

If the Dimon’s bigger, more global, and greatly interconnected JP Morgan Chase is still dancing next time the music stops, the choice will not be bailout vs. great recession. The real choice will be no choice at all: fiscal disaster through attempted bailout (Ireland), or fiscal disaster through economic collapse (Iceland).
 
What Jamie Dimon Won’t Tell You: His Big Bank Would Be Dangerously Leveraged
What Jamie Dimon Won’t Tell You: His Big Bank Would Be Dangerously Leveraged ? The Baseline Scenario

By Anat Admati, Professor of Finance and Economics at Stanford Graduate School of Business. To see her explain these issues in person, watch this Bloomberg interview - [ame=http://www.dailymotion.com/video/xfawgb_anat-admati-says-banks-should-incre_news]Dailymotion - Anat Admati Says Banks Should Increase Equity Capital: Video - a News & Politics video[/ame]. This is a long post, about 3,500 words.


The debate is raging about banks and their size, financial regulation, and the international capital standards known as “Basel”. Jamie Dimon of JP Morgan Chase, in his New York Times magazine profile, expresses admiration for the Basel committee and says,

“… they are asking the questions that, in theory, bankers ask of themselves: how much capital do banks need to withstand the inevitable downturn, and what is an acceptable level of risk?”

There is one problem, however. Basel may have asked the right question, but it did not come up with the right answers, mainly because it allows banks to remain dangerously leveraged, setting equity requirements way too low. This fact is not understood because the debate on capital regulation has been mired with a cloud of confusion, and filled with un-substantiated assertions by bankers and others. As a result, the issues appear much more mysterious and complicated than they actually are.

After a massive and incredibly costly financial crisis, we seem to have financial system that is a more consolidated, more powerful, more profitable and, yes, as fragile and dangerous as we had before the crisis. How did this happen and what can we do?

Here are some questions on which the confusion is staggering.

(i) Is “too big” the same as “too big to fail?”

(ii) Do capital requirements force banks to “set capital aside for a rainy day” and not use it to help the economy grow?

(iii) Are banks different than non-banks in that high leverage is essential to banks’ ability to function?

(iv) Would terrible things happen if capital requirements were to increase dramatically?

The first order of business is to clear the fog and focus on the right things. I will try to explain. With the basics in place, answers will begin to emerge, or at least the right questions to ask.

By the way, I answer an emphatic NO to each of the above questions.

Let’s start with balance sheets

Take a bank; indeed take any firm. The balance sheet is a snapshot of assets and liabilities. It has two sides, often shown piled on top of one another in financial statements or online data.

On the left hand side, or the top, of the balance sheet are the firm’s assets, what the firm owns. The numbers come either in the oxymoron called “book value” that accountants produce based on historical costs, or in the more meaningful “market value,” which for illiquid assets might not be readily available, and which can change frequently. More typically, some assets appear at cost and some are “marked to market.”

On the right hand side, or the bottom, of a balance sheet are the liabilities and “shareholder equity,” a summary of the claims that are held by various parties “against” the assets. There are two basic types of claims here: one called broadly “debt” (or “liabilities”) and the other is “equity.”

There is a huge variety of debt claims. One that we all provide to banks is called “demand deposits.” Depositors can demand that this debt is paid back at any time. Other debt claims are distinguished by the length of the commitment, the interest rate, the collateral and the “seniority” (the place in the creditors’ queue in a bankruptcy) and other provisions. Depositors are the most senior creditors of a bank; junior, unsecured debt-holders, or holders of certain “hybrid” securities, are the last in this priority line. If a bankruptcy occurs, however, it can take years to sort all these different debt claims out.

One feature of corporate debt is that the tax code allows interest paid on debt to be called a business expense and it is deductible before corporate taxes are calculated. This is similar to the deductibility of mortgage interest payments for homeowners.

But the main feature of debt that distinguishes all debt claims from equity, is that debt is a hard claim, an “I Owe You.” Creditors have rights to take legal action if they are not paid what they are owed. They can cause a financial failure or bankruptcy. This process can be a terrible thing or not so terrible. Airlines “fail” routinely and they renegotiate some contracts, re-organize, and emerge out of bankruptcy. No stigma is attached, and operations often continue, although of course it is bad news. And debt contracts work well when the bank finances individuals and businesses. Things are different, and much more problematic, when banks use a lot of debt to fund themselves. More on this later.

The final part of the balance sheet is the category of “equity.” Bankers like to call it “capital,” but let’s stick to the standard terminology of equity. (Using a different lingo than for other types of firms is part of the mystique of banking and helps in creating confusion.)

There are a few distinctions within equity too, mostly between “preferred” and “common” equity. Preferred equity, like debt, specifies how much the holder of the preferred will be paid. The lowest-class equity, called “common equity” cannot be paid at all until the preferred equity is paid what it was “promised.” The key difference with debt, however, is that the firm does not “fail” if it does not pay its equity holders, even if they are “preferred.”

Why does anyone buy this bottom-feeding equity? Because equity gets the upside, the profits of the firm, and if the firm is successful –and banks make a lot of money most of the time — this can be a very good deal. For banks, in fact, the return on equity is very high, often in the order of 25%. This is not something “abnormal.” It is likely the “appropriate” return, because this “leveraged” equity is also quite risky. In financial markets, the higher the risk, the higher the average or required return.

Leverage and funding costs: the basics

Financial leverage is about how much debt relative to equity a firm has. The more debt relative to equity, the higher is the leverage. Does it matter to overall funding costs how much debt vs equity a firm uses? There was a great deal of confusion about this way back in the first half of the 20th century. In 1958, two economists, Franco Modigliani and Merton Miller (who separately won Nobel prizes, partly for this work) considered this issue and showed that, while leverage does typically affect overall funding costs, this is not due to the reasons people were giving at the time, which were based mostly on the fact that equity has a higher required return than debt.

The so-called MM result from 1958 builds on a basic “conservation of value” principle. As leverage changes, so does the riskiness of equity (and sometimes that of debt as well), and thus its required return. If there were no other factors, such as third parties (think governments) taking or injecting cash in taxes or subsidies, and if the funding method did not affect the investment decisions of the firm that determine what is on the assets’ side of the balance sheet, then it would be irrelevant how much debt vs. equity is on the balance sheet. Of course, none of these “ifs” are true in reality, particularly for banks, so capital structure does matter, sometimes a lot.

MM is a basic “physical law,” taught in every basic corporate finance course, and the starting point of any intelligent discussion of financing decisions. Yet, quite astonishingly, bankers and others, with a straight face, routinely and to this date, make the outrageous claim that “Modigliani and Miller does not apply to banks.” As if banking is so different from the rest of the world that it is exempt from natural laws. This is akin to saying that one can ignore the force of gravity because of air friction.

If there are frictions, we must consider their impact. Do air frictions work against gravity or in the same direction? Do frictions associated with funding favor debt or equity, in the sense that — in their presence — funding costs or the total value that can be created on both sides of the balance sheet favors a particular mix of funding means? And, importantly in the context of banks, because the funding decisions of any bank may have broader implications, if a bank chooses a certain way to fund itself, does it follow that society is best off under this structure?

Key observations on the effects of leverage

It turns out that the biggest friction in bank funding is not one that is “inherent” in the banking system or in funding more generally, something unavoidable and found “in nature,” like the wind. The main friction is the result of government policies. That would not be so bad if these policies worked to our collective benefits. Unfortunately, these policies go exactly in the wrong direction, favoring leverage that inflicts systemic fragility and extraordinary costs during crisis, precisely because they give bankers strong reasons to choose high leverage.

The fact is that, because of government policies, the funding costs of banks are lower the more debt they have relative to equity, i.e., the higher is their leverage.

Even worse, these same policies, and the resulting excessive leverage, distort the investment decisions of banks. They give incentives for excessive risk taking, which means that banks may overinvest in risky loans (something we witnessed quite clearly in the housing market leading up to the crisis). And it can interfere sometimes with banks’ ability to provide credit and fund valuable investments, because, with a lot of prior debt commitments hanging over them, it may be harder for highly leveraged firms to raise new funds. This so-called “debt overhang” problem contributed to the credit crunch that we experienced in the crisis.

Clearly, the consequences to society of highly leveraged banks are exceedingly negative. Yet, we have a system where we subsidize leverage!

If this sounds crazy to you, this is because it is crazy. The analog would be a government policy that subsidized pollutants, such that the more they pollute, the larger the subsidy. If pollution is bad for health and for the environment, and you required pollutants to limit emissions, they would obviously complain that their cost of production would increase, and this might be true because they lose subsidies. Does this mean we must subsidize pollution? Clearly not, especially if there is an alternative!

Continuing with the analogy, what if there was another process by which to produce the same product, which would actually not increase the cost of production but which is not chosen because of the subsidies given to the polluting technologies? This analogy is key to understanding the battle over bank funding. The way in which subsidies are given to banks makes no sense. If we believe that banks provide important services, and if we want to subsidize them, we must find other ways to do so which do not lead to this perverse situation. We should not effectively penalize equity as a form of financing.

Leverage in banking and elsewhere

The tax code gives an advantage to debt financing not just for banks, of course. (Whether this makes sense is highly debatable. Many economists, including Michael Boskin, advocate abolishing the corporate tax code in part because of this effect.) But despite the tax incentives, many highly productive firms hardly use any debt at all, and no one chooses to fund themselves with anywhere near as much debt as banks. (The following, for example, are funded virtually only by equity: Apple, Google, Gap, Yahoo, eBay, Bed, Bath and Beyond, Broadcom, and Citrix.) This is because there are other forces that work against leverage, such as constraints lenders put on firms, and the distortions in investment decisions that are due to conflict of interest between equity and debt. An “all equity” firm is the gold standard for making good investment decisions, as it takes into account properly the upside and the downside of its decisions.

Everything is different for banks. Banks love high leverage. Whenever they make money, which is most of the time, they pay much of it out (to managers and shareholders), and they keep rolling over their huge debt, continuing to borrow more as they pay off what they owe. Equity is always a relatively small fraction of the total balance sheet. High leverage creates fragility because even a small change in the asset value can wipe out the equity and cause insolvency and financial “failure.”

Bankers tell us that they must be allowed to maintain high leverage because this is part of the business of banking. They assert that economies will suffer if they are made to fund more of their investments with equity, there will be credit crunches, terrible things will happen. We clearly must examine these statements carefully before agreeing.

Why banks choose high leverage, and why this has awful consequences

The “safety net” that was created to make sure banks’ operations are not disrupted by economic shocks, i.e., the fact that the FDIC, the Treasury, or the Fed, often stand ready and are expected to back up the banks’ liabilities, plays havoc on banks’ incentives to manage their risk and their leverage prudently and create a gap between what the banks find optimal and what is good for society. This is a very unhealthy situation.

The reason banks strongly prefer debt over equity is because their creditors or debt holders feel reasonably safe about being paid and thus do not require much in average return from the bank. Such creditors don’t have to put restrictions and conditions on banks’ activities. As long as they are confident they will be paid, creditors don’t care what the bank does with its money. When they become nervous, it’s often too late and the system freezes.

Why have we established this safety net for banks? Experience and research has shown that bank runs are very inefficient and disruptive. To prevent inefficient runs, deposit insurance was introduced. The safety net was expanded because the distress or failure of a bank has certain “contagion” effects and can thus be very disruptive and costly to the financial system and to the economy.

Even the suspicion of possible insolvency for a bank can lead creditors to withhold further funding. Banks then may need to engage in massive “fire sale” of their assets to pay their debts, and even that might not be sufficient if they are truly insolvent. This can lead the entire system of credit and payment to freeze. Does this sound familiar?

Allowing the legal process of bank “failure” to work itself out is extraordinarily costly and disruptive, particularly for global banks subject to different legal systems. There are no great options here. The Lehman bankruptcy process, which is still going on for more than two years, has consumed many billions of dollars in direct and indirect costs. And we are still dealing with its fallouts.

So when Jamie Dimon says that he favors resolution authorities and that JP Morgan “should file for bankruptcy” if the situation arises, we must ask ourselves the following: first, do we believe that the government will actually let JP Morgan go into bankruptcy, and if they did, would this be the right thing? Second, is there an alternative? Can we prevent more of these costly and disruptive failures and the need for bankruptcy and resolution procedures? And if so, how?

Is high leverage necessary for banks?

Here is the good news, and the simple and powerful answer. NO! Quite simply, high leverage is not necessary for banks! We can significantly lower the fragility and the likelihood of needing resolution and bankruptcy in banking by insisting that they use a lot more equity and less debt to fund themselves. And, for society, this will only have positive side effect, despite what the bankers say. Focusing on more equity funding is the simplest and most effective approach to the “too big to fail” problem, because it directly works to reduce the likelihood of “failure.” It does not rely on costly resolution or “bail-in” mechanisms that we are not sure would work or on bankruptcy courts. And it forces banks to “own up” to their investment decisions and alleviates many distortions associated with high leverage.

The business of banking does mean that banks cannot be funded completely with equity as Apple or Gap, because demand deposits and even money market funds and certificates of deposit are part of their business of financial intermediation. Thus, a certain amount of debt is built into banks’ balance sheet. But this does not imply that banks’ leverage must be as high as it is or as they would like it to be or even as high as Basel III would allow.

There is simply nothing that prevents banks from doing everything valuable for society at dramatically lower leverage, say 30% of total balance sheet. (In an interview on CNBC in May, Gene Fama suggested 40% or 50% in equity for banks would be a good thing.) Some of the banks’ debt is not part of their business model and just serves to provide funding. And issuing more equity to support the liability on their own would not increase their funding cost in a way that represents any social cost. (If they lose some subsidies, we save on providing these subsidies!) .

Not only would we have a safer system if equity levels were dramatically higher, it is hard to think of any negatives, from society’s perspective, of doing so. Back to the pollution analogy, the alternative, clean technology of funding turns out to be cheaper than the polluting one once subsidies are removed!

The fact that so much fog was created to prevent the above from being recognized by decision makers in Basel and in many governments, including US, is maddening.

There are other claims made in this debate, but the bottom line holds up upon closer examination: there does not seem to be any compelling reason that banks must be as highly leveraged as Basel III would allow. Those who say otherwise, and bank executives such as Vikram Pandit of Citi have complained that Basel III is too harsh on banks cannot justify their claims coherently. The only interpretation is that they are motivated by self interest.

In a paper I wrote with Stanford colleagues Peter DeMarzo and Paul Pfledierer and with Martin Hellwig from Bonn, we discuss in some detail every argument we are aware of regarding the mantra that “equity (or, as bankers call it, “capital”) is expensive.” We also discuss contingent capital and bailout funds, arguing that the equity-based solution dominates them. The paper is available here.

Many experts agree with the conclusion of our paper, as is clear in this letter signed by some very prominent academics in finance and banking. For another letter I sent to Financial Times this week as part of this debate, see this link.

Conclusion

The case for much more equity funding for large banks (and possibly other financial institutions) is overwhelming. The main challenges are to define the “regulatory umbrella” appropriately, to understand the “shadow banking” system, and to find effective ways to monitor the true risk and leverage of financial institutions on and off the balance sheets. These challenges can be met if energy is focused appropriately.

Sensible capital regulation does not necessarily involve a hard and fixed “number” for the equity ratio, but rather a flexible system of buffers and adjustments where the balance sheet of the banks is managed with the objective of allowing them to operate without overly endangering themselves and the system. Supervising the payouts and the funding methods of banks so as to keep the system healthy and functional is eminently possible if we take up the challenge.

First, however, we should remove the fog of confusion. Then we must find the political will to insist on prudent regulation before another crisis hits.

Comments on Hoenig, Dimon and banks being “too big”

Many argue that banks that are “too big to fail” are simply “too big.” In an excellent op ed in the New York Times - http://www.nytimes.com/2010/12/02/opinion/02hoenig.html?_r=1 - this week, Kansas Fed president Thomas Hoenig identifies the key problems of “too big to fail” banks and argues that we should strive to create smaller banks, none too big to fail. Related proposals were made by Andy Haldane from the Bank of England (see http://www.bankofengland.co.uk/publications/speeches/2010/speech433.pdf ), and by Simon Johnson and James Kwak, authors of the important book “13 Bankers.” These proposals, and the so-called Volcker Rule, focus on the total size of the bank and more generally on the “asset” side of the balance sheet. How does this relate to leverage?

If managed properly, breaking up the banks would likely be a step in the right direction. But we cannot ignore leverage. Many small but interconnected banks would still be fragile and subject to systemic risk and possible crises if each of them was highly leveraged. A small drop in the asset value of a leveraged bank leads to distress and possible insolvency, and this can be contagious in such a system. So fragility in the banking system invariably relates to the degree of leverage.

Jamie Dimon of JP Morgan says large banks are useful and efficient. He wants to be the Walmart of banking. Presumably, he wants to have the size of Walmart but he is not planning to have the type ofcapital structure that Walmart and firms like it have, with more than twice as much equity as debt on the balance sheet (at least by market value).

Mr. Dimon, how about you start helping the world of banking and the economy by pushing for banks to be much less leveraged, relying more on equity funding than Basel III allows, and for regulators to make sure they are? If you do that, your growth aspirations might seem a bit less scary.
 

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