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Name: Kenneth Hanson
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Challenges With Obama/Geithner Plan For Toxic Assets

So for the first time, an Obama administration announcement about the economy is received positively by the market.  But tomorrow, Geithner testifies before Congress so it is too soon to know if a rabble rousing Congress will kill the positive buzz.

Nevertheless, there are three very serious challenges with the newly announced plan for a public/private partnership succeeding:
  1. Private capital is extremely hesitant to participate due to the risk that they will be retroactively punished if they make money in the program, or otherwise act in a way that Congress decides is inappropriate while they are a participant in the program.  Every source of private capital that has been asked about the program acknowledge that it is financially attractive, but that they just don’t know if they can trust Congress not to change the rules retroactively or put compensation restrictions in place that will damage their ability to compete.  In interviews the last two days, several senior administration officials have refused to say unequivocally that restrictions on profits or compensation are off the table.  The reality is that the Obama administration can’t promise that – Congress can pretty much do what they want. 
  2. The long overdue adjustment in mark to market accounting should be issued soon.  If you are a bank that is holding performing assets at 20 or 30 or 60 cents on the dollar, why would you agree to sell them to the public/private partnership when it is likely you can hold these assets without the risk of further writedowns?  In fact, it may be possible to write some of these assets up based on a mark to cash flow model.  The degree to which mark to market accounting has magnified the financial crisis is enormous.  Collateralized securities with unimpaired cash flows have been marked down severely, making the holders of these securities, or the sellers of swaps insuring against default, insolvent. 
  3. The challenge of how to price the assets remains problematic.  It is not clear if the “bids” and the “asks” can be brought close enough together to facilitate transactions.  If the bid is 30 cents and the ask is 60 cents, that is a wide cap to resolve. 

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