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Editorial
See other Editorial Articles

Title: This Bank Of America Nonsense
Source: [None]
URL Source: http://seekingalpha.com/article/300439-this-bank-of-america-nonsense
Published: Oct 19, 2011
Author: http://seekingalpha.com/article/300439-t
Post Date: 2011-10-19 10:47:23 by tom007
Keywords: None
Views: 154
Comments: 5

This Bank Of America Nonsense 15 comments | October 19, 2011 | about: BAC

This is precisely the sort of arbitrage that ought to lead people straight to a nice date with Bubba:

Bank of America Corp. (BAC), hit by a credit downgrade last month, has moved derivatives from its Merrill Lynch unit to a subsidiary flush with insured deposits, according to people with direct knowledge of the situation.

The Federal Reserve and Federal Deposit Insurance Corp. disagree over the transfers, which are being requested by counterparties, said the people, who asked to remain anonymous because they weren’t authorized to speak publicly. The Fed has signaled that it favors moving the derivatives to give relief to the bank holding company, while the FDIC, which would have to pay off depositors in the event of a bank failure, is objecting, said the people. The bank doesn’t believe regulatory approval is needed, said people with knowledge of its position.

So let's see what we have here.

Bank customer initiates a swap position with Bank. In doing so they intentionally accept the credit risk of the institution they trade with.

Later they get antsy about perhaps not getting paid. Bank then shifts that risk to a place where people who deposited their money and had no part of this transaction wind up backstopping it.

This effectively makes the depositor the "guarantor" of the swap ex-post-facto.

That the regulators are allowing this is an outrage.

If you're a Bank of America customer and continue to be one you deserve whatever you get down the line, whether it comes in the form of higher fees and costs assessed upon you or something worse.

Incidentally, the amount of exposure in question is unknown but Bank of America has some $53 trillion in total derivative exposure (out of $75 trillion in total between it and Merrill, which is also a subsidiary of the holding company.)

Of course we do not know how much was shifted and BAC won't comment on the record -- but this sort of movement of liabilities should be flatly prohibited as the counterparty in question accepted the risk of the entity they traded with originally when the transaction was first initiated. That the firm's ratings have deteriorated and thus it may be required to post additional capital against these positions by those counterparties does not justify shifting the risk to depositors simply so the bank can avoid posting collateral against a deteriorating credit picture, which for all intents and purposes shifts the risk to the taxpayer since the FDIC has a line of credit at Treasury. Never mind that posting that collateral should not materially impair operations.

After all the firm does have an excellent capital ratio. Why, they said so just this morning!

I can think of a handful of rather bemusing (and some not-very-funny) possibilities along the line of "speck into a snowball" issues that may arise in time on this deal, but for now I'll sit with a wry smile and see what develops since at this point I have nothing to go on other than conjecture. Feel free to speculate yourself in the comment section if you'd like... after all that's exactly what Bank of America openly invited when they refused to document exactly what was moved, in what amounts, what the actual net exposure is and why the step was taken.

We need to rename Bank of America DAFFY DUCK. This article is tagged with: Financial, Regional - Mid-Atlantic Banks, United States Karl Denninger picture More articles by Karl Denninger »

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#1. To: tom007 (#0)

time for businesses to put up signs with words to the effect of "no checks and or credit cards written against bank of america accounts accepted."


the most factual thing ever posted by buckeroo
I have no freaking' clue. buckeroo posted on 2010-07-24 21:33:00 ET

IRTorqued  posted on  2011-10-19   11:15:02 ET  Reply   Trace   Private Reply  


#2. To: IRTorqued (#1)

time for businesses to put up signs with words to the effect of "no checks and or credit cards written against bank of america accounts accepted."

No doubt that would be breaking the law.

Just like Citi maintaining that you cannot be a protester and a customer. Who knew that?

"Satan / Cheney in "08" Just Foreign Policy Iraqi Death Estimator

tom007  posted on  2011-10-19   11:31:15 ET  Reply   Trace   Private Reply  


#3. To: tom007 (#2)

I was arrested for trespassing once in a Bank of America because I refused to leave the branch I was at until they cashed a check drawn on them with no cashing fee.

They are one of the worst of the most fascist corporations of the world. I would be very happy to see them disappear. I would never do business with them ever again.

"The United States today is like a cruise ship on the Niagara River upstream of the most spectacular falls in North America. A few people on board have begun to pick up a slight hiss in the background, to observe a faint haze of mist in the air or on their glasses, to note that the river current seems to be running slightly faster. But no one yet seems to have realized that it is almost too late to head for shore." -- Historian and author Chalmers Johnson"

Ferret  posted on  2011-10-19   11:57:25 ET  Reply   Trace   Private Reply  


#4. To: Ferret (#3)

They are one of the worst of the most fascist corporations of the world.

I dunno F, they have a lot of competition for that superlative.

Certainly a contender. Why anybody does bis with these huge banks is a mystery to me.

"Satan / Cheney in "08" Just Foreign Policy Iraqi Death Estimator

tom007  posted on  2011-10-19   12:11:37 ET  Reply   Trace   Private Reply  


#5. To: Ferret (#3)

I got to the point that if a customer paid by check from BOA or Wells Fargo (both here charge $5.00 non-member cashing fee) I would add $5.00 to the bill total as a processing fee, whether I cashed it at those banks or my own. I made them fully aware of this charge so they could point out to their bank that the bank policy was costing them money.


the most factual thing ever posted by buckeroo
I have no freaking' clue. buckeroo posted on 2010-07-24 21:33:00 ET

IRTorqued  posted on  2011-10-24   22:08:26 ET  Reply   Trace   Private Reply  


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