WASHINGTON - Government
officials put trillions of taxpayer dollars on the line to guarantee risky
bank assets — a strategy that could cause permanent and costly market
distortions, a government watchdog says.
At the peak of the
financial crisis, taxpayer money guaranteed assets worth $4.3 trillion to
help banks ride out the panic. The programs, which essentially provided
insurance against losses, helped stabilize financial markets but put far
more taxpayer dollars at risk than Congress intended, according to the
Congressional Oversight Panel.
The report, released
Friday, says the guarantee programs became the single largest part of the
government's effort to calm the markets. And even though many of the
programs have now expired, the guarantees still provide invisible
government subsidies even to healthy banks, according to the report.
The panel makes periodic
assessments of how Treasury is managing the $700 billion financial bailout
Congress approved last year.
Guarantees "put more
power in the hands" of Treasury and the Federal Deposit Insurance
Corp. because "they're not limited by the number of dollars Congress
will authorize," panel chairwoman Elizabeth Warren said in a call
with reporters.
The Treasury Department
leveraged limited bailout money to insure assets worth many times more.
That allowed officials to risk far more taxpayer money than Congress
intended, Warren said.
"It's a very
dangerous tool," she said. "It did well this time but we might
not always be so lucky."
She worried in particular
about the low upfront cost of offering the guarantees, which she said
makes the approach "tempting — perhaps too tempting — as a way to
subsidize troubled financial institutions."
Insuring bank deposits
did not attract the same scrutiny as the higher-profile capital injections
that came directly from the $700 billion fund. That meant there was
relatively little discussion about their unintended negative consequences:
invisible, permanent subsidies to banks and price distortion in many parts
of the market.
For example, when a major
money market mutual fund threatened to "break the buck" last
year, the Treasury Department temporarily guaranteed its assets to
reassure investors that their money was safe. The actions spared investors
the downside of their risk while allowing them to earn better returns than
they would have in a normal deposit account.
Investors now assume that
the government will step in if the funds teeter again, said Warren, also a
Harvard Law School professor. She called that "an example of a free
government subsidy in the marketplace."
Taken together, these
"implied guarantees" could lead banks to take excessive risk
because they assume the government will be there to break their fall, the
report says.
Analysts say the report
shows that banks still rely on the potential for government support, even
as the Obama administration trumpets repayments from banks as evidence
that the government is withdrawing from the private sector.
"The fact is, all
these guarantees are producing positive benefits for all the banks that
took advantage of them," including apparently healthy banks like
Goldman Sachs Group Inc. and JPMorgan Chase & Co., said Daniel Alpert,
managing director at the New York investment bank Westwood Capital LLC.
"Why should the U.S. taxpayer be helping these institutions become
more profitable?"
The panel took a warmer
view of Treasury's efforts than it has in past reports, some of which
accused the government of going too easy on banks at taxpayers' expense.
Friday's report says the deals reflect "a trend towards a more
aggressive and commercial stance on the part of Treasury in safeguarding
the taxpayers' money."
But it said "in
light of these guarantees' extraordinary scale and their risk to
taxpayers," Treasury should provide "extraordinary
transparency," disclosing more details about how and why the
guarantees were offered.
Treasury spokesman Meg
Reilly said the department is pleased with the report's conclusion that
the insurance programs stabilized financial markets and have produced some
returns for taxpayers — including $1.2 billion from the now-expired
guarantees on money market mutual funds.
She said in a statement
that Treasury has "worked continuously with the oversight bodies to
improve transparency and implement constructive recommendations"
around the financial stabilization programs.
However, panel member
Republican Rep. Jeb Hensarling, who voted to approve the report, warned in
a separate statement that the subsidies "should not serve as a
template for future bailouts."
He said he was not
convinced Treasury was within its rights to use bailout dollars to
guarantee assets worth many times more, and said it is too early to say
whether Treasury charged banks high enough fees to offset the risk borne
by taxpayers.
The panel is one of three
oversight mechanisms Congress built into the financial bailout
legislation. The law also created a Special Inspector General for the
programs and authorized regular audits by the Government Accountability
Office.
Warren gained prominence
as an early voice questioning whether Treasury was providing enough
transparency as it doled out the bailout money. She also was the first to
propose creating a new agency to protect consumers against abuse by
lenders and other financial enterprises. Mortgage brokers, payday lenders
and other companies offering high-risk loans faced little regulation in
the run-up to the mortgage and financial crises.
Legislation to create a
consumer financial protection agency is working its way through Congress.