Jonathon Weil, Bloomberg
The Vietnam War gave us the expression, “We had to destroy the village in order to save it.” The same kind of thinking might help explain the U.S. bank rescues of 2008: We had to save the banks in order to sue them.
Last week, the conservator for Fannie Mae and Freddie Mac filed lawsuits against 17 financial institutions to recover losses on faulty mortgage bonds sold to the two government- backed housing financiers. One of the defendants was Ally Financial Inc., the lender formerly known as GMAC that once was the finance arm of General Motors Co.
If the Federal Housing Finance Agency recovers damages from Ally for Freddie Mac, it will be a win for taxpayers. Yet it also will be a loss. That’s because Ally is still majority-owned by the U.S. Treasury.
It’s a ridiculous situation, for sure. Then again the FHFA is doing what it’s supposed to do: preserve and conserve the assets of Fannie and Freddie. It’s not the agency’s fault that Congress passed the Troubled Asset Relief Program and gave the Treasury Department new powers to keep Ally and its ilk alive.
Congress could have let those companies die, as they deserved to. It didn’t, though. So now the inevitable claims are working their way through the courts. The government’s roles as both a referee and a player in the financial markets remain as conflated as ever.
Great Worries
American International Group Inc. (AIG), still majority-owned by the Treasury Department, last month accused Bank of America Corp. (BAC) of fraud in a suit over losses on mortgage bonds, many of them packaged by Countrywide Financial Corp. One of the markets’ great worries is that Bank of America might not have enough capital to cover all the mortgage-repurchase liabilities it assumed when it bought Countrywide in 2008. The lawsuit by AIG, which is seeking $10 billion, piles on to those concerns.
That AIG filed a lawsuit isn’t the problem. What’s perverse is that the Treasury continues to hold a stake in AIG — three years after it joined with the Fed to save the giant insurer from bankruptcy — while AIG sues a company the Treasury Department oversees. Bank of America wouldn’t even be around for AIG to sue had it not been for the Treasury’s rescue money.
