Hmmm. I was naive. Mark-to-market is being manipulated too:
“Emilio knows, because he learned from the master manipulators at Enron. For an example, he said, check out Section 113 of the bailout bill, titled “Minimization of long-term costs and maximization of benefits for taxpayers.” This is the section that Congress haggled into the bill to ensure a payoff, via warrants, for citizens if mortgages purchased from banks are later sold for a profit. Yet Emilio says bank lobbyists snookered the government by sneaking in an exception under subsection 3a, “Conditions on purchase authority for warrants and debt instruments.” The clause, titled “Exceptions — De Minimis,” states that any debt instruments worth less than $100 million won’t trigger the payback provision.Emilio says that banks will simply issue their debt in tranches of $99 million or less, and avoid allowing the government — and thus taxpayers — to get a piece of the banks’ profits. “It’s a joke,” he scoffed.
Other traders who scanned the bill came to the same conclusion, through their own prisms, agreeing that the bill would provide only an illusion of action while failing to address the key problems facing the financial system: Too many houses will remain on the market; they were bought with too much leverage that is vaporizing in spurts; and those losses have left banks with too little capital from which they can lend.
Even worse, the traders pointed out, the government can make money on the loans only if it pays so little for them that they can be sold at a much higher price. And yet if the government doesn’t pay enough, then the banks won’t receive enough to make a difference in their balance sheets. So here’s how the taxpayers will be cheated, they said: Banks will take advantage of the suspension of mark-to-market accounting by stating that loans originally held at “par,” or the equivalent of the purchase price, and now valued by the market at 20 cents on the dollar, will really be worth 85 cents if held until the loan matures. The banks will then sell the loans to the government at a fake discount of 75 cents on the dollar.”The lobbyists made sure this bill was rammed through so that these rip-offs couldn’t be fixed in committee,” said another trader. “Everyone on the Street knows it solves nothing.”
More by Jon Markman why the fear is real and warranted.