Bank of America Gets Buffetted
Note: The Trade is not subject to our Creative Commons license.
Last week, our financial Superman, the mild-mannered Midwesterner Warren E. Buffett, swooped in again to save another bank, the financial markets, the American economy and just maybe our precious way of life.
Mr. Buffett's purchase of $5 billion worth of Bank of America preferred stock (on his usual generous terms, including long-lasting warrants to buy common stock at an attractive price) immediately stiffened the upper lips of chattering investors and pundits. Bank of America's chairman hailed it as a "vote of confidence" in the bank. It was also celebrated as a signal that the worst was over in the rout recently experienced by the American financial sector.
For the moment, that all seems right: Bank of America's stock is up 17 percent from the Aug. 25 announcement, and stocks of the other three major American banks—JPMorgan Chase, Citigroup and Wells Fargo—are also up.
But as the news is digested, it could set off the opposite effect. The Buffett investment just might turn out to erode, not increase, confidence. And not only for Bank of America, but for the banking sector as a whole.
Mr. Buffett's investment reveals something both infuriating and scary. Bank of America has not been talking straight about its need for capital.
"You cannot have the largest bank in the country saying, 'We don't need the money,' and then paying this kind of price to Warren Buffett for capital they say they don't need," said Daniel Alpert, who runs the investment firm Westwood Capital. "Industrywide, it's a potential boomerang because we think, ‘Why should we believe any of these guys when they say they don't need the money?' "
"We've been through a massive crisis in 2007 and '08 where executives of major financial institutions tried to hide their insolvency," he added. "They said, ‘No, no, a thousand times no, we're fine.' And then they were gone."
Sure, Mr. Buffett reportedly approached Brian T. Moynihan, Bank of America's chief executive, who initially rebuffed the investment offer—suggesting that Bank of America didn't really need capital. Even so, Mr. Moynihan's reticence didn't last long. And if the bank truly didn't need capital, why make such an expensive deal that could dilute other shareholders?
The more investors think about it, the more Mr. Buffett's announcement will intensify, not allay, their fears about Bank of America's capital position. Indeed, Mr. Buffett is making something more resembling a loan than an equity investment. His $5 billion doesn't fully count in the important measure of capital that regulators look at, called Tier 1.
That is perhaps why Bank of America's money-raising has not stopped with Mr. Buffett. On Monday, the bank sold about half of its stake in China Construction Bank for more than $8 billion. And over the last year, Bank of America has been jettisoning multiple businesses to raise cash and shore up its capital.
Prudent, yes, and we can hope the bank's management has learned a lesson about credibility. Last year, Mr. Moynihan suggested that the bank would be able to raise its dividend after it passed the Federal Reserve's second round of stress tests. No such luck. That plan was blocked, rightly, by the Fed, whose exams revealed, among other perils, Bank of America's overexposure to the sickly real estate sector.
Yet Mr. Moynihan and Bank of America persisted, with analysts expecting the bank to come back in the middle of the year to push the Fed to revisit the dividend issue. So much for that now.
Still, even with these moves, some investors and analysts do not think the bank's actions will be sufficient and that it will have to sell common shares to raise capital.
Bank of America disagrees. Yes, the stock has "an overhang" thanks to economic and legal uncertainty, but "we understand that and are working very aggressively to address that," said Jerome F. Dubrowski, a spokesman. "We have more than enough capital to run our business" based on current rules, he said.
The bank has clearly explained to investors and regulators how it will reach compliance with the new rules ahead of schedule, he added. The Buffett opportunity was too good to pass up, Mr. Dubrowski said: "There's only one Warren Buffett. We are very happy to have him, but it wasn't driven by capital."
Yet Bank of America investors had whipped themselves into a panic in August because of the giant legal liability faced by the bank. The Buffett investment does not remove that, let alone any of the bank's other millstones.
Not only does the bank still face billions in legal settlement costs from Countrywide Financial, but it also has to buy back billions in faulty mortgages. Bank of America's questionable foreclosure practices continue to drag it down, and in addition it faces Securities and Exchange Commission investigations into the actions of its subsidiary, Merrill Lynch, in the lead-up to the financial crisis. Bank of America acquired Merrill in 2008, under heavy pressure from the Federal Reserve and the Treasury Department.
The big problem, however, is not the unknown legal costs, but the exceedingly well-known exposure to real estate, both home mortgages and home-equity lines of credit.
The bears will return, armed with a soft economy and the declining housing market. As they do, what is to stop them from jumping from bank to bank?
Compared with Bank of America, Wells Fargo has more exposure to real estate and less capital. The bank classifies about 19 percent of its residential mortgage loans as either delinquent or nonperforming, a number similar to that of Bank of America. Wells Fargo says it's fine, but where have we heard that before?
Of all the big American banks, JPMorgan Chase, perhaps surprisingly, has the highest proportion of bad mortgages, at about 24 percent, according to Bankregdata.com. Citigroup is lowest at less than 14 percent. But JPMorgan's balance sheet is more solid than that of any of the country's other megabanks.
Even if the major banks do not experience additional capital crises, the Fed plans to keep interest rates low for years. That will almost certainly depress bank lending rates, squeezing profits.
That is, if the banks lend at all. In one of the most important business lines for Bank of America and the other Big Three banks, residential mortgages, the banks are pricing themselves out of the market, offering uncompetitive rates. The mortgage market remains shattered.
Why aren't the banks lending? They fear potential future litigation, for one. And they claim there is not enough demand from high-quality borrowers. But if they had conviction that the economy and housing markets were recovering, those concerns would ebb.
So, if bank leaders are not exhibiting confidence, why should the rest of us?
Correction (9/1): This column referred incorrectly to the investment's impact on the bank's capital. Of the $5 billion, $2 billion will count in the measure of capital called Tier 1, under the current capital standard known as Basel 1. The column erroneously said that none of the $5 billion would count as Tier 1 capital.
About The Trade
In this column, co-published with New York Times' DealBook, I monitor the financial markets to hold companies, executives and government officials accountable for their actions. Tips? Praise? Contact me at .(JavaScript must be enabled to view this email address)
Recent Stories by Jesse Eisinger
- What Did JPMorgan Execs Know and When Did They Know It?
- SEC Keeps Ratings Game Rigged
- Whale of a Problem: Regulators Subvert Will of Congress
- From Big State a Call for Small Banks
- Fannie and Freddie: Slashing Mortgages Is Good Business
- Congress’s Genius Jobs Plan—for Fraudsters, Shills, and Wall St. Analysts
- Fed Shrugged Off Warnings, Let Banks Pay Shareholders Billions
Our Hottest Stories
- Donations to Scott Walker Flagged as Potential Fraud
- In Race For Better Cell Service, Men Who Climb Towers Pay With Their Lives
- Billion Dollar Bait & Switch: States Divert Foreclosure Deal Funds
- Finding Oscar: Massacre, Memory and Justice in Guatemala
- Pardon Attorney Torpedoes Plea for Presidential Mercy
- Patient Died at New York VA Hospital After Alarm Was Ignored
- Introducing the ProPublica Patient Harm Community on Facebook
- Built for a Simpler Era, OSHA Struggles When Tower Climbers Die
- Got Student Loans? Share Your Documents With Us
- Remember Stuxnet? Why the U.S. is Still Vulnerable
- Donations to Scott Walker Flagged as Potential Fraud
- Pardon Attorney Torpedoes Plea for Presidential Mercy
- In Race For Better Cell Service, Men Who Climb Towers Pay With Their Lives
- Air Force Pilots Balk at Flying the World’s Most Expensive Fighter Jet
- Patient Died at New York VA Hospital After Alarm Was Ignored
- Watchdog Group Calls for Probe of Lobbyists Behind Congressional Trip to Taiwan
- Billion Dollar Bait & Switch: States Divert Foreclosure Deal Funds
- Finding Oscar: Massacre, Memory and Justice in Guatemala
- Broadcasters Sue to...Block Transparency
- Happy Graduation! Here's The Best, Most Depressing Journalism on Student Debt







7 comments
Barry Schmittou
Aug. 31, 2011, 4:06 p.m.
Jimmy Buffett once said :
“If we weren’t all crazy, we’d just go insane”
and he said that before the gangstas and bankstas stole even more of the worlds assets.
For those of us who believe in God, this could be looked at as good news proof that his return is soon. It sure looks like things will get much worse because the worlds leaders have no conscience; God please help us all !!
LYNDA GRANDINETTI
Aug. 31, 2011, 4:35 p.m.
I have an important question. This 5 billion that Buffett took out of his own pocket - is that 5 billions dollars less that we can tax Buffett for? Is he going to slowly get rid of his billions before the tax man starts taxing the billionaires at a higher rate?
I’ve been worried about such a thing. I envision the billionaires transferring their money to their kids and grand kids and any other tax-free way they can get rid of their money. They’re not stupid and they know America is pretty sick of them not paying their fair share - so what are they doing? Has anyone checked on them to see what they’re doing with their money?
Shouldn’t we know NOW what they’re doing with their billions?
Sandra L
Aug. 31, 2011, 5:06 p.m.
Lynda, in regards to Buffett, he already committed to give away majority of his wealth to charity so that won’t ever be a concern. But he consciously made the public statement about increasing taxes for the rich because he know it will never affect him. A lot of billionaires will give it all away before given the US government an extra penny. I remember one of billionaires said something about he rather pay the lawyers than government because government are just so wasteful its disgusting.
Hal Ashburner
Sept. 1, 2011, 2:21 a.m.
Why is credibility at issue at all?
We have published, independently audited financial statements.
A pencil, a calculator and a few hours thought and work is all we need to get a very sold appreciation of the risk.
Oh, that’s the credibility issue? Nobody believes GAAP, nobody trusts an independent audit. Yet nobody seems to care about this incredible piece of corruption of the financial system. Why is that? Because Accounting and accountants are so dull?
John
Sept. 1, 2011, 11:13 a.m.
Well, thank goodness SOMEONE is looking out for big business so they can continue to shore up their corrupt business models…
As for trust? I trust my bank implicitly. I trust them to demand personal information of me to sell to the highest bidder while not providing me with any compensation for the loss of privacy. I trust them to offer to lend me money they don’t have, which I have to pay back with interest higher than they need to stay in business. I trust them to buy each other out so that I have no choices in the marketplace other than brand name. I trust them to violate contracts because they decided it would get them more money to do so. I trust them to throw a tantrum that threatens the entire country whenever they don’t get their way. I trust them to demand we cover their failures while they reap all benefit for their successes.
What’s not to trust?
As for Buffet and other billionaires, I’d be willing to bet that there’s no such thing as an actual billionaire in this country. Even someone with modest income can (and many do) build shell corporations, trusts, and charities to divide and confuse money for tax purposes. It’s cheap and easy enough that anybody sitting on a billion dollars in personal assets would have to be a complete idiot not to do so.
All that talk about taxing the rich isn’t likely to actually accomplish anything other than give Washington the ammunition to tax the rest of us more. After all, the rich are doing their parts…
Gandalf J. Randolph
Sept. 1, 2011, 4:54 p.m.
All of this has to be seen in the context of BofA taking on Countrywide during the 2008 debacle. The sense was that Paulson was foisting Countrywide on BofA in return for BofA being allowed to exist. It is Countrywde that brought in an ocean of toxicity to BofA. Not that BofA didn’t have enough of its own. So now Buffett comes in with fresh capital. Had to happen sooner or later. And it wasn’t coming from the government. Buffett is the US’s super-secret federal reserve. Hmm….
carie
Sept. 1, 2011, 10:37 p.m.
JESSE EISINGER—-not just “bad” mortgages—-NO MORTGAGES…giant illegal cover-up…kicking people out of their homes illegally…
I AM NOT A LAWYER, BUT THIS IS GOOD (as in true), STUFF:
“…The Depositor owns the Trust — and while the Trust was performing – the Depositor, on behalf of the Trust would be the party to bring the action. However, these Trusts have now been brought back on parent corp. (to Depositor) balance sheets because the Trusts as “off-balance sheet” SPVs — have been effectively dissolved. The only tranche holders to remnants of the Trusts is the US Government or the Depositor (parent) itself. You should be preparing to demonstrate that the loan was not validly conveyed to any Trust (which they were not). Do this by requesting the Mortgage Schedule which should accompany the Mortgage Loan Purchase Agreement (MLPA) — and the MLPA cannot be an “intent” to sell — it must be validly executed and notarized (we know about those notaries). And, importantly, if MLPA and Mortgage Schedule can be proven, servicer must prove that all default payments have been paid to the trust on borrower’s behalf. If not, loan has been removed from the Trust with collection rights sold/swapped to a Third Party. This is how you may win — they can not prove anything.”