Too Big to Countenance.

“Today, the nation’s four largest banks — JPMorgan Chase, Bank of America, Citigroup and Wells Fargo — are nearly $2 trillion larger than they were before the crisis, with a greater market share than ever. And the federal help continues — not as direct bailouts, but in the form of an implicit government guarantee. The market knows that the government won’t allow these institutions to fail. It’s the ultimate insurance policy — one with no coverage limits or premiums.”

Joining ranks across the partisan divide, Senators Sherrod Brown and David Vitter introduce legislation aimed at ending Too Big To Fail: “The senators want the major banks to increase their own tangible equity so that shareholders, and not just taxpayers, take responsibility for their risky actions. They want the banks to have greater liquidity by holding more assets they can immediately turn into cash in a financial crisis. They say they want to keep Wall Street banks that enjoy government backing from gaming the financial system with credit derivatives and other risk-inflated schemes, which even JP Morgan Chase’s own employees failed to catch until too late.”

Naturally, the banks will be fighting this with everything they have, and Goliath usually wins these fights in Washington. They’re already leaning on one of their favorite Senators, Chuck Schumer, to block Brown from ascending to Chair of the Senate Banking Committee. Nonetheless, the progressive-conservative alliance here suggests, at the very least, a new wrinkle in the game.

In related news, companies are also wheeling out the Big Guns to threaten the Securities and Exchange Commission over potential new corporate disclosure rules for political spending — namely, making businesses disclose their campaign donations to their shareholders. Seems innocuous enough, but of course, “[t]he trade associations lining up in opposition to the rule amount to a roll call of the most politically influential — and highly regulated — industries in the country.”

The Wheedle and the Damage Done.

“The Fed accepted a total of $1.31 trillion in junk-rated collateral between Sept. 15, 2008 and May 12, 2009 through the Primary Dealer Credit Facility. TARP was nothing compared to this.” (Also, $500 billion of that junk was rated CCC or below, which — given the rampant grade inflation going on at all the rating agencies — means it was really garbage.)

So, yeah, Wikileaks isn’t the only document dump in town this week. As mandated by the Dodd-Frank Act (after much pushing from below), the Federal Reserve today released information about some of its dealings from December 2007 to July 2010. And, while folks are just now delving into the intel, it already seems that some of the bodies buried during the financial crisis are now floating to the surface: “A quick analysis…indicates that Citigroup was the greatest beneficiary, drawing on a total of $1.8 trillion in loans, followed by Merrill Lynch, which used $1.5 trillion; Morgan Stanley, which drew $1.4 trillion; and Bear Stearns, which used $960 billion.“

In very related news, former Alan Grayson staffer (and a Hill friend of mine) Matthew Stoller lays out a compelling case for a harder stance against the Fed from the Left from now on. Some brief excerpts:

“It is good that this debate is happening. It means that we will be able to examine the real power structure of the American order, rather than the minor food fights allowable in our current political system. This will bring deep disagreements, profound ones, but also remarkable possibility. Modern American industrial policy is to push capital into housing, move manufacturing abroad, build a massive defense establishment, and maintain an oligarchic financial sector. This system isn’t a structural inevitability. People built it, and people are unbuilding it…

Like most American institutions, the Fed has shrouded itself in myth, with self-serving officials discussing the immaculate design of the central bank as untouchable, secretive, an autocratic and technocratic adult in the world of democratic children. But the Fed, and specifically the people who run it, are responsible for declining wages, for de-industrialization, for bubbles, and for the systemic corruption of American capital markets.”

Also on this topic, it comes out today that Bank of America was given a break by the SEC on a securities fraud settlement “‘because of the nation’s perilous economic situation at the time’ and the fact that it had received billions of dollars in taxpayer aid, according to the report by the SEC’s inspector general…Specifically, during settlement negotiations, Bank of America won relief from sanctions that could have hurt its investment banking business.“

To tie this back to the top, according to Bloomberg’s Lizzie O’Leary, who’s also been parsing the new Fed data, “52% of the collateral Bank of America pledged to the #Fed’s PDCF was rated Ba/BB or lower, or didn’t have available ratings.” (And, let’s keep in mind, PDCF was only one of several emergency programs.)

So, in other words, the government kept banks like BoA alive by buying up trillions in toxic assets and looking askance at their illegal activity. They repaid us with record bonuses for themselves and an epidemic of foreclosure fraud — the “getaway car for the financial crisis,” as a friend well put it — that’s screwing over millions of American families. And in terms of fixing bad behavior on the Street, nothing changed whatsoever. Boy, that’s some deal.

Risky Business.

“What’s interesting about the Madoff scandal, in retrospect, is how little interest anyone inside the financial system had in exposing it…OUR financial catastrophe, like Bernard Madoff’s pyramid scheme, required all sorts of important, plugged-in people to sacrifice our collective long-term interests for short-term gain. The pressure to do this in today’s financial markets is immense. Obviously the greater the market pressure to excel in the short term, the greater the need for pressure from outside the market to consider the longer term. But that’s the problem: there is no longer any serious pressure from outside the market.“

In an extended NYT editorial, authors Michael Lewis and David Einhorn survey recent economic developments with an eye to the broader problem: a financial institutional culture that fosters and legitimates idiotic amounts of risk. “The fixable problem isn’t the greed of the few but the misaligned interests of the many…The tyranny of the short term has extended itself with frightening ease into the entities that were meant to, one way or another, discipline Wall Street, and force it to consider its enlightened self-interest.“

Among the culprits in Lewis and Einhorn’s worthwhile dissection: the credit rating agencies. “In pursuit of their own short-term earnings, they did exactly the opposite of what they were meant to do: rather than expose financial risk they systematically disguised it. ” See also: the S.E.C. “Created to protect investors from financial predators, the commission has somehow evolved into a mechanism for protecting financial predators with political clout from investors…And here’s the most incredible thing of all: 18 months into the most spectacular man-made financial calamity in modern experience, nothing has been done to change that, or any of the other bad incentives that led us here in the first place.“

It’s not all doom, gloom, and (highly justified) finger-pointing. In part two of the editorial, Lewis and Einhorn offer some quick fixes to our current institutional myopia that should be relatively simple to put through…in a perfect world. “The funny thing is, there’s nothing all that radical about most of these changes. A disinterested person would probably wonder why many of them had not been made long ago. A committee of people whose financial interests are somehow bound up with Wall Street is a different matter.“

Obama gets SEC’ers, NARAL…and a Millworker’s Son.

While I’ve been packing things today, a few more key endorsements: First up, three former SEC heads back Obama. “‘Each of us has been committed to prudent economic policy and effective financial regulation for many years,’ they said in a joint statement along with former Federal Reserve Chairman Paul Volcker, also an Obama supporter. ‘We believe Senator Obama can provide the positive leadership and judgment needed to take us to a stronger and more secure economic future.’“

Then, much to the consternation of Emily’s List, NARAL gets behind the senator: “Today, we are proud to put our organization’s grassroots and political support behind the pro-choice candidate whom we believe will secure the Democratic nomination and advance to the general election. That candidate is Sen. Obama.“

And, tonight in Grand Rapids, it looks like John Edwards will come off the fence at last and officially endorse Obama. (Edwards is not a super, but he does still have 19 pledged delegates credited to him.) Well, it’d have been nice to see this a few months ago, of course, and now that People pledge just looks ridiculous. But, hey, better late than never.

Update:: Hmm. No sign of Elizabeth. Also, Edwards’ best line tonight (although the crowd didn’t seem to get it): “I still want my jet-ski.”

Ok, ok, we need oversight.

“‘Our current regulatory structure was not built to address the modern financial system with its diversity of market participants, innovation, complexity of financial instruments, convergence of financial intermediaries and trading platforms, global integration and interconnectedness among financial institutions, investors and markets,’ Paulson said this morning.” Stick a fork in free market fundamentalism: In light of recent economic events, Dubya Secretary of the Treasury Henry Paulson proposes a massive overhaul of the nation’s regulatory apparatus. The plan, which among other things bolsters the powers of the Fed and phases out the SEC, isn’t getting the most favorable reception from Dems thus far. Said Chris Dodd: “Regrettably, the Administration’s blueprint, while deserving of careful consideration, would do little if anything to alleviate the current crisis — which was brought on by a failure of will.” Still, with even Team Dubya and its allies signing off on the need for it, regulatory reform of Wall Street and financial markets looks to be on the table to stay, one way or another.

Frist makes a killing.

The Frist SEC probe moves along, with a subpoena forcing the Senate Majority Leader to turn over documents related to his HCA holdings. In addition, it now appears Catkiller made tens of thousands of dollars from HCA stock outside of his “blind” trust, through a partnership controlled by his brother. So much for avoiding a conflict of interest.

Cox (and) Communications.

Sorry, Catkiller, no help there. New SEC Chairman Christopher Cox recuses himself from the probe into Bill Frist’s suspicious stock dump, leaving four commissioners — two Dems and two GOP — to head the inquiry. Update: A blind trust? Not hardly. “Documents on file with the Senate show the trustees for Frist and his immediate family wrote the senator nearly two dozen times between 2001 and July 2005. The documents list assets going into the account and assets sold. Some assets have a dollar range of the investment’s value and some list the number of shares.”

Cox the Corporate Cog.

So, apparently Rep. Chris Cox (R-CA), Dubya’s new pick to head the SEC, is — wait for it — yes, yet another right-wing freakshow, this time of the corporate stooge variety. “Mr. Cox – a devoted student of Ayn Rand, the high priestess of unfettered capitalism – has a long record in the House of promoting the agenda of business interests that are a cornerstone of the Republican Party’s political and financial support. A major recipient of contributions from business groups, the accounting profession and Silicon Valley, he has fought against accounting rules that would give less favorable treatment to corporate mergers and executive stock options. He opposes taxes on dividends and capital gains. And he helped to steer through the House a bill making investor lawsuits more difficult.”

Slinking out the Back Door.

Oh, and by the way, Harvey Pitt resigned yesterday, right after the polls had closed in the East. After all, we wouldn’t want to remind anyone of how thick the corporate corruption surrounding Dubya and his minions runs until after the election now, would we? As it turns out, the GOP-controlled Congress probably won’t look into SEC malfeasance anymore anyway.

Broadband and Narrow Minds

John Judis blames Michael Powell’s deregulatory fixation for telecom’s collapse. “Powell has proven a disaster…Like Harvey Pitt, the chairman of the Securities and Exchange Commission (SEC), Powell would be ripe for replacement–if his feckless, ideological approach didn’t so perfectly reflect the president he serves.” To be fair, telecom was starting to look a bit peaked before Powell was Chairman (although that’s also partly because Powell was something of an obstructionist on the commission before his ascent.) And, while I’m sure it’s risen lately, demand for broadband services was egregiously low back in 2000. Like campaign finance reform, it’s one of those things you’d expect people to be all over, but for some reason it just isn’t reflected in the numbers. Without a true “killer app” for broadband (Napster/Kazaa comes close, but it’s not it), low demand will continue to be one of the reasons why the big boys aren’t building out. That all being said, I agree with the fundamentals of Judis’s piece.