SEN. JOHN KERRY (D-MA): Thank you, Mr. Chairman. . . . . And in fact, I think you can advantage the American banking system very significantly by moving aggressively in the global marketplace to be the first to do this and finance it through the treasuries, et cetera, and ultimately winding – I think being less expensive to the American taxpayer as a result. So I’d ask you to speak to that.
Did you go to the board of governors, the chairman of the Federal Reserve, to the Treasury secretary?
What would you have done, 20/20 hindsight, and how would you have done it differently? Why didn’t you aggressively pursue it here? I don’t know, maybe you did with the Treasury secretaries, or to the Congress.
So I’d be interested in knowing that because I look at the issue of the credit derivatives, we look at what happened in Lehman’s. There was a different explanation from the Treasury secretary and from the chairman of the Federal Reserve and a spokesman on your behalf. I don’t know whether or not that’s been verified. But the fact that Lehman’s was allowed to collapse because it was already absorbed by investors and then – or the fact that you didn’t have the federal regulatory authority to do anything about it.
And finally, you know, the inability of, you know, purchasing toxic assets, which was the original intent and purpose of the 350 that we provided last fall and it didn’t – failed to happen.
So when I look at that entire picture, it concerns me, because that is what’s creating the confidence, I think, about where we stand today, the confidence in our system and the confidence to get it right. And actually, I think we did work with speed and force last September – much to the objection of the American public, frankly.
So I would like to know from you exactly what you did in that market; why on Lehman’s; and third, on the toxic assets. Thank you.
MR. GEITHNER: Thank you, Senator. Let me start on credit derivatives. When I became president of the New York Fed, this critically important market, with tens of trillions of notional exposure, was a market where trades were confirmed, if they were confirmed, by fax, by pencil and paper, by phone. A very rudimentary, primitive execution framework existed. Firms did not know what their positions were and their exposures were.
And what I did was to get the major institutions in – who were responsible for about 95 percent of this market in the room at the New York Fed, with their primary supervisors from around the world – first effort on this scale, I believe, ever. And we got those institutions to commit to clear, concrete commitments to substantially strengthen that infrastructure and put it on a stronger foundation going forward.
And the changes made over that period of time, starting in 2004- 2005, were very, very effective in trying to make sure that the infrastructure in this critical market was strong enough – stronger than it was before, so that we could withstand a shock of this magnitude.
Now, as important as that, I worked with the SEC and again with the lead supervisors of the major global firms around the world – from Switzerland, from Germany, from France, from the United Kingdom and from Japan – to make sure that – we were trying to encourage very substantial improvements in risk management so these firms had a better sense of the risks they were exposed to in credit derivatives and a broad range of other complex financial products.
And those efforts, I believe, had a lot of traction. They made the system stronger. They could have had more traction, of course.
And if more would have been done earlier and there had been more responsiveness to those efforts, then this crisis would have been less severe. But those things were very important, and I believe they’re very effective. And I think that market today is on a path to the point where it’s going to be – it’s going to have the basic strength and resilience you would expect from a market that important.
MR. GEITHNER: Complicated questions to address this quickly, but let me speak to the question you raised about Lehman, Mr. Chairman, and then perhaps I could respond in writing to the other questions.
Lehman’s failure was an enormously complicated – enormously consequential event. It didn’t cause this financial crisis, but it absolutely made things worse. Lehman failed fundamentally because it had – it faced a need for capital on a scale the market was unwilling to provide, the market was unwilling to provide in part because of the severity of the crisis at that point. Over the course of the summer, things were getting dramatically worse and everybody was pulling back from risk on a dramatic scale.
But neither the Department of the Treasury, the executive branch nor the Federal Reserve had been given the authority by the Congress that would – may have made it possible for the government to put in capital on a scale necessary to avoid default. We could not force any institution to come in and buy Lehman Brothers or guarantee their obligations. And no one was willing, without the government taking a very, very substantial capital position, and we did not have the authority at that point to do that.
That was a critical and tragic set of constraints. And this country should have never been in the position where we entered a crisis of this severity without an adequate set of tools to address failure by an institution that large and that consequential and that systemic.
We did work very hard to try to limit the damage, but anything that complicated and systemic was going to cause very, very substantial damage. It was clear at the time, it’s absolutely clear in retrospect, and one –
SEN. BAUCUS: If you could shorten up a little more, please.
MR. GEITHER: – reason why it’s so important.