FINANCE
& TAX
Why JPMorgan’s deal for a failing bank has
Elizabeth Warren upset
“The failure of First Republic Bank shows how
deregulation has made the too big to fail problem even worse,” she said.
By BEN
WHITE
05/01/2023
05:03 PM EDT
NEW YORK —
With the last-minute purchase of First Republic Bank, JPMorgan Chase and CEO
Jamie Dimon are once again at the center of an American economic debate.
Some have
hailed Dimon as a savior for taking on yet another imploding bank as he did
during the 2008 financial crisis. Others like Sen. Elizabeth Warren are
castigating the deal as emblematic of weak regulation and of an unfair
concentration of power and wealth.
“The
failure of First Republic Bank shows how deregulation has made the too big to
fail problem even worse,” Warren (D-Mass.), who has long criticized Trump-era
deregulatory moves, tweeted after the announcement. “A poorly supervised bank
was snapped up by an even bigger bank—ultimately taxpayers will be on the hook.
Congress needs to make major reforms to fix a broken banking system.”
While
Warren didn’t fault the Biden administration — the deal was facilitated solely
by the FDIC, an independent agency — it presents an awkward problem for a White
House focused on challenging concentrated corporate power.
President
Joe Biden officially launched his reelection campaign last week by casting
himself as a friend to working people and unions and an opponent of corporate
dominance. He has stocked his administration and agencies with aggressive
trust-busting regulators — like Lina Khan at the FTC, Gary Gensler at the SEC
and Rohit Chopra at the Consumer Financial Protection Bureau — who are
challenging the long reach of tech and Wall Street giants.
Biden
himself defended the deal on Monday, arguing that it would shore up the banking
system without costing taxpayers money. “These actions are going to make sure
the banking system is safe and sound, and that includes protecting small
businesses across the country,” Biden said. “Depositors are being protected,
shareholders are losing their investments and, critically, taxpayers are not
the ones who are on the hook.”
Much of the
criticism focuses on anger at corporate power, with the nation’s biggest, most
dominant bank now becoming even larger under Biden’s watch in a deal assisted
by the federal government.
“JPMorgan
Chase is now being allowed to purchase First Republic Bank, the second-largest
bank failure in U.S. history,” Pam Martens and Russ Martens wrote on the “Wall
Street on Parade” blog. They said this “flies in the face” of his 2021 executive
order promising to “guard against excessive market power.”
Dimon — a
frequent lightning rod who in the past has explored running for president while
also offering dour commentary about a “hurricane” ahead for the economy —
defended the acquisition on Monday, rebuking critics.
“I don’t
really care about gossip from other people,” he said in response to a
reporter’s question about unnamed critics charging that the purchase was
unfair. “We need large, successful banks in the largest and most prosperous
economy in the world. We have capability to help our clients who happen to be
cities, schools, states, hospitals, governments. We bank countries, we bank the
IMF, we bank the World Bank. You need large, successful banks, and anyone who
thinks it would be good for the United States of America not to have that
should call me directly.”
Under the
terms of the deal, the FDIC will backstop 80 percent of any losses incurred on
First Republic’s residential mortgage and commercial loans for the next five to
seven years. JPMorgan will also not assume First Republic’s corporate debt and
will receive $50 billion in financing from the FDIC to finalize the
transaction.
In return,
JPMorgan is taking on all of First Republic’s deposits, both insured and
uninsured, relieving the FDIC of the need to bail out depositors as it had to
following the failures of Silicon Valley and Signature banks.
The bank
said it would record a gain of $2.6 billion from the deal but expects to spend
$2 billion on restructuring through the end of next year.
This isn’t
the first time Dimon and JPMorgan have swooped in during times of turmoil.
During the 2008 crisis, JPMorgan bought failing investment bank Bear Stearns
for $1.4 billion with assistance from the Federal Reserve and much of the
assets of troubled lender Washington Mutual for $1.9 billion.
While some
progressives complained about the deals at the time, Dimon has argued that
JPMorgan took on most of the problems of both institutions and wound up paying
billions to settle disputes with regulators associated with the transactions.
Following the Bear Stearns acquisition, he said he would never do another deal
on such terms again.
This time
around, market watchers and some financial historians praised JPMorgan for
having the capacity and willingness to absorb a potentially major threat to the
banking system.
“Banks are
seldom if ever heroic. That’s not their job,” said John Steele Gordon, a
historian of American finance. “So they’ll always demand a deal that will keep
them whole. … Banks have been getting fewer in number for decades now, and
that’s a good thing, up to a point, as large banks are much safer than small
ones.”
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