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Floyd Norris comments on finance and the economy at nytimes.com/economix.
Email: yourmoneyadviser@nytimes.com
Floyd Norris comments on finance and the economy at nytimes.com/economix.
Gretchen Morgenson contributed reporting from New York. Alain Delaquérière contributed research from New York.
This article has been revised to reflect the following correction:
Correction: July 20, 2013
A previous version of this article misstated one of the financial institutions that received approval to buy up to 80 percent of the copper available on the market. It is BlackRock, not the Blackstone Group.
Gretchen Morgenson contributed reporting from New York. Alain Delaquérière contributed research from New York.
This article has been revised to reflect the following correction:
Correction: July 20, 2013
A previous version of this article misstated one of the financial institutions that received approval to buy up to 80 percent of the copper available on the market. It is BlackRock, not the Blackstone Group.
Brendan Smialowski/Agence France-Presse — Getty ImagesTreasury Secretary Jacob J. LewThe nation’s six largest banks reported $23 billion in profits in the second quarter, but they could end up victims of their own success.
In recent weeks, the Treasury Department, senior regulators and members of Congress have stepped up efforts intended to make the largest banks safer. The banks have warned that more regulation could undermine their ability to compete and curtail the amount of money they have to lend, but the strong earnings that came out over the last week could undercut their argument.
The most pressing concern for banks is a relatively tough new rule that regulators proposed last week that could force banks to build up more capital, the financial buffer they maintain to absorb losses. But the banks did not demonstrate any difficulty in meeting the proposed rules, and the banks now appear to have fewer allies in Washington than at any time since the financial crisis.
This was highlighted on Wednesday when the Treasury secretary, Jacob J. Lew, effectively issued an ultimatum to Wall Street, calling for the swift adoption of rules introduced through the Dodd-Frank financial overhaul law, which Congress passed in 2010. Mr. Lew also said that he might be open to stricter measures if enough had not been done to remove the threat that big banks can pose to the wider economy.
“If we get to the end of this year, and cannot, with an honest, straight face, say that we’ve ended ‘too big to fail,’ we’re going to have to look at other options because the policy of Dodd-Frank and the policy of the administration is to end ‘too big to fail,’ ” Mr. Lew said.
“This is maybe the strongest admission I’ve heard from the administration that we must act further to end ‘too big to fail,’ ” Senator David Vitter, Republican of Louisiana, said in a statement. Along with Senator Sherrod Brown, Democrat of Ohio, Senator Vitter introduced a bill earlier this year that would sharply increase capital levels at the biggest banks. In Congress on Thursday, Ben S. Bernanke, the Federal Reserve chairman, echoed Mr. Lew’s remarks. He said that if the measures already planned did not remove the risks posed by large banks, “additional steps would be appropriate.”
Still, some analysts remain skeptical that the Fed and the Treasury would really lend their weight to the sort of aggressive measures some lawmakers are contemplating. The recent comments may be an attempt to gain some political benefit from looking tough on the banks. And the remarks may be aimed at reducing any momentum that the more draconian pieces of bank legislation are gaining in the Senate.
“I wonder how much of this is a serious policy change and how much is positioning by the administration to take on a more populist mode going into 2014,” Nolan McCarty, a professor of politics and public affairs at Princeton University, said. “It’s a little bit surprising that, three years after Dodd-Frank and five years after the financial crisis, people are concerned not enough has been done.”
Still, the stronger words from government officials could shift the balance of power away from the banking industry.
“I sense a sea change in this,” Sheila C. Bair, a former chairwoman of the Federal Deposit Insurance Corporation, a primary bank regulator, said. “It’s not moving with the banks, it’s moving against them.”
The resurgence in bank profits appears to have been an important factor in persuading regulators to do more. The earnings revival did not take place just at the banks that emerged from the crisis in a position of relative strength, like JPMorgan Chase and Wells Fargo. This week, both Bank of America and Citigroup, which faltered badly after the financial crisis, reported healthy profits. The stocks of both banks have nearly doubled over the last 12 months, highlighting that investors’ faith in the behemoths is also returning.
“The regulators are doing this because they can,” Michael Mayo, a banking analyst at CLSA, said. “And they can at this time of relative stability.”
The six largest banks now dominate the industry, accounting for more than half the sector’s assets. Since the crisis, this has helped them make profit from mortgages and credit card loans, as well as Wall Street activities, like trading securities and underwriting deals. Their second-quarter profits were up 40 percent compared with those in the period a year earlier. Over the last 12 months, their combined profits were more than $70 billion. Over that period, Morgan Stanley, Goldman Sachs and JPMorgan’s investment bank, all big presences on Wall Street, paid compensation of $41 billion.
Regulations planned or put in place in the crisis may also have helped banks by making them more resilient to shocks. The banks have assets on their balance sheets that helped them through the recent rout in the bond market without big losses.
“You had major dislocations in currencies, commodities and interest rates and so far the industry has passed with flying colors,” Mr. Mayo said.
Still, Mr. Mayo and others question how healthy the banks are. While profits are up, and trading profits are buoyant, the pace of lending is not picking up. “Loans are down year to date. That’s the issue at the moment,” he said. “This is not the stuff robust recoveries are made of.”
Yuri Gripas/ReutersThomas Hoenig, vice chairman of the Federal Deposit Insurance Corporation, at a House panel in June.The industry contends that, with economic growth still relatively weak, more regulation of banks would be wrong.
“You have to be cautious about what layering on additional things can do to our prospects for economic growth, job creation and credit availability, in light of this economic fragility,” said Robert S. Nichols, president of the Financial Services Forum, an industry group that represents large banks. “We have to have more robust growth to get Americans back to work.”
While banks have made big profits under stiffer rules since the crisis, some analysts warn that adding more to the overhaul could really start to hurt.
“We’ve reached a point now where we have a balance,” John R. Dearie, who oversees policy at the Financial Services Forum, said. “We have a fortress balance sheet banking system. Our concern is that we don’t overdo it.”
Still, some banking experts think the banks are bluffing when they say more regulation could hamper lending. “They can’t see that it is in their long-term interests to have a credible regulatory process,” Ms. Bair said.
Jack Ewing reported from Frankfurt, and Julia Werdigier from London.
Roslan Rahman/Agence France-Presse — Getty ImagesHotel guests look over Singapore’s financial district.LONDON – Twenty of the world’s largest banks were censured by Singapore authorities on Friday over the attempted manipulation of local benchmark interest rates that is part of a larger rate-rigging scandal being investigated by global regulators.
The financial institutions, including Bank of America and JPMorgan Chase, were found to have insufficient risk management and internal controls, which allowed some of their traders to try to alter rates including the Singapore interbank offered rate, or Sibor.
The latest revelations follow a series of multimillion-dollar fines against UBS, Barclays and the Royal Bank of Scotland for the manipulation of the London interbank offered rate, or Libor, which underpins trillions of dollars of mortgages, business loans and other global financial products.
As part of its investigation, the Monetary Authority of Singapore said 133 traders at firms like Credit Suisse, Citigroup and ING tried to influence the local benchmark rate for their own financial gain over a five-year period starting in 2007.
Around three-quarters of the implicated traders have left the banks involved, while the other bankers face internal disciplinary procedures, according to a statement from the Singaporean financial regulator.
None of the 20 global banks were fined, but the financial institutions must hold a combined $9.7 billion in extra reserves with Monetary Authority of Singapore at zero percent interest for one year while they carry out internal changes.
UBS, ING and R.B.S. must each hold up to an additional $960 million with local authorities, while Bank of America will be forced to keep an extra $640 million with the regulator in Singapore. The amount of capital was dependent on the severity of the attempted manipulation.
Like other global regulators, the Singapore authorities also said they planned to make it a criminal offense to manipulate benchmark rates. Under current local legislation, the attempted manipulation does not constitute a criminal offense.
As the rate-rigging investigations enter their fifth year, regulators continue to look into allegations that traders at some of the world’s largest banks altered benchmark rates for financial gain.
While the Libor inquiries have centered initially on European banks, a number of American financial institutions also remain in the sights of regulators at the United States Commodity Futures Trading Commission and at the Financial Conduct Authority of Britain.
Overdraft penalties represent well over half of banks’ fees from consumer checking accounts, a new report from the Consumer Financial Protection Bureau finds.
The report, based in part on confidential data provided by some of the nation’s larger banks, estimated that 61 percent of bank fees from consumer accounts were for overdrafts and insufficient funds, penalties charged when customers spent more than their accounts had available. Based on that finding, the bureau said it estimated conservatively that the banking industry earned $12.6 billion in such fees from consumers in 2011.
The report represents preliminary findings of a bureau inquiry into bank overdraft practices announced early last year. The bureau is not making any policy recommendations yet, but says it will conduct further reviews of account-level data.
The report found that overdraft protection can be very expensive for consumers and varies widely from bank to bank. Overdraft protection is a service in which the bank pays the amount in question, even though the account lacks the necessary funds, but then charges the customer a fee for doing so. The average customer overdrawing an account paid $225 in charges per year, the study found. And more than a quarter (27 percent) of checking accounts paid at least one overdraft charge in 2011.
The bureau did not identify the banks included in the report or even specify how many were included in the analysis, which also incorporated comments submitted by the public, consumer advocates and industry groups. The bureau said, however, that the banks in the study represented more than half of all deposit accounts. The bureau has supervisory authority over banks with more than $10 billion in assets, or more than 100 institutions.
Since the middle of 2010, the Federal Reserve has barred banks from charging overdraft fees for A.T.M. withdrawals or most debit card transactions unless a customer actively chooses the service. The report found that customers who accept the coverage were more likely to end up paying higher fees and were more likely to end up having their account involuntarily closed than those who did not.
“What is marketed as overdraft protection can, in some instances, put consumers at greater risk of harm,” said Richard Cordray, the bureau’s director, in prepared remarks.
Opt-in rates vary widely among banks, suggesting that bank marketing of the service plays a role. At some banks in 2011, more than 40 percent of new customers opted in, while fewer than 10 percent did so at other banks.
Mr. Cordray said the findings did not indicate that banks should not charge overdraft fees. “Nonetheless,” he said, “our findings raise concerns about the number of consumers who are incurring heavy overdraft fees or account closures, and the wide variations across institutions indicate that certain practices and procedures merit further analysis.”
Have you paid overdraft fees? Do you think new rules are necessary to regulate banks’ use of them?