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Congressional Oversight Panel: Congressional Oversight Panel Releases Report on the Use of Government-Backed Guarantees to Promote Financial Stability

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Home > Press > Congressional Oversight Panel Releases Report on the Use of Government-Backed Guarantees to Promote

Congressional Oversight Panel Releases Report on the Use of
Government-Backed Guarantees to Promote Financial Stability
November 6, 2009
For Immediate Release

While Taxpayers Will Likely Profit, Guarantees Carry Enormous
Risk and Created Significant Moral Hazard
WASHINGTON, D.C. - The Congressional Oversight Panel today released its November
oversight report, "Guarantees and Contingent Payments in TARP and Related Programs."
The Panel found that the programs' income will likely exceed their direct expenditures, and
that guarantees played a major role in calming financial markets. These same programs,
however, exposed American taxpayers to trillions of dollars in guarantees and created
significant moral hazard that distorts the marketplace.
During the financial crisis, the federal government dramatically expanded its role as a
guarantor. Treasury, the FDIC, and the Federal Reserve Board together negotiated to
secure hundreds of billions of dollars in assets belonging to Citigroup and Bank of
America. In addition to increasing the deposit insurance coverage of bank accounts, the
FDIC established the Debt Guarantee Program (DGP) to stimulate the market for banks to
issue debt and raise capital, and Treasury acted to reassure anxious investors by
guaranteeing that money market funds would not fall below $1.00 per share.
Altogether, the federal government's guarantees have exceeded the total size of TARP,
making guarantees the single largest element of the government's response to the financial
crisis. At its high point, the federal government was guaranteeing or insuring $4.3 trillion
in face value of financial assets under the three guarantee programs discussed in the
Panel's report. The enormous scale of these guarantees played a significant role in calming
the financial markets last year. Lenders who were unwilling to risk their money in
distressed and uncertain markets became much more willing to participate after the U.S.
government promised to backstop any losses.
The Panel found that Treasury took an aggressive stance in protecting taxpayer interests,
and the Panel did not identify any major flaws with their implementation of the guarantee
programs. Even so, these programs carried significant risk. In many cases, the American
taxpayer stood behind guarantees of high-risk assets held by potentially insolvent
institutions.
These guarantee programs also created significant moral hazard. Guarantees create price
distortions and can lead market participants to engage in riskier behavior than they
otherwise would. In addition to the explicit guarantees analyzed in the Panel's report, the
government's broader economic stabilization effort may have signaled an implicit
guarantee to the marketplace: the American taxpayer stands ready to provide a financial
backstop for certain markets and large market players to avert possible economic collapse.
To the degree that investors, lenders and borrowers believe that such an implicit guarantee
remains in effect, moral hazard will continue to distort the market.

http://cybercemetery.unt.edu/archive/cop/20110401231406/http://cop.senate.gov/press/releases/release-110609-guarantees.cfm[12/15/2015 12:37:16 PM]

Congressional Oversight Panel: Congressional Oversight Panel Releases Report on the Use of Government-Backed Guarantees to Promote Financial Stability

The extraordinary scale of these guarantees, the significant risk to taxpayers, and the
corresponding moral hazard leads the Panel to conclude that these programs should be
subject to extraordinary transparency. The Panel specifically identified the guarantee of
Citigroup assets under AGP -- the largest single guarantee offered to date -- and strongly
urges Treasury to provide regular, detailed disclosures about the status of the assets
backing up this guarantee. Treasury should disclose greater detail about the rationale
behind guarantee programs, the alternatives that may have been available and why they
were not chosen, and whether these programs have achieved their objectives. This should
include an analysis of why Citigroup and Bank of America were selected for AGP and not
others.
Recommendations are provided in the full report, which can be found at cop.senate.gov.
The Congressional Oversight Panel was created to oversee the expenditure of the
Troubled Asset Relief Program (TARP) funds authorized by Congress in the Emergency
Economic Stabilization Act of 2008 (EESA) and to provide recommendations on
regulatory reform. The Panel members are: former Securities and Exchange
Commissioner Paul S. Atkins, Congressman Jeb Hensarling (R-TX), Richard H. Neiman,
Superintendent of Banks for the State of New York, Damon Silvers, Policy Director and
Special Counsel for the AFL-CIO and Elizabeth Warren, Leo Gottlieb Professor of Law at
Harvard Law School.

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