A Bold New Plan: Dump FAS 157

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What do Ken Lewis and Jamie Dimon know that we don't? Lewis, the CEO of Bank of America (NYSE: BAC), and Dimon, CEO of JPMorgan Chase (NYSE: JPM), have reportedly spent millions recently buying their companies' beaten-down shares, defying those who seem to think that the nation's banks are doomed.

Ongoing problems at Citigroup (NYSE: C) and Bank of America, as well as write-offs at the venerable State Street (NYSE: STT), Bank of New York Mellon (NYSE: BK), and several regional banks inspired rumors of bank nationalizations and spooked financial stocks again in recent days. Bank stocks led the market sharply lower last Tuesday, a day otherwise marked by the festive inauguration of a new president.

What can President Obama's financial team do to right the banking ship? There are a number of proposals under consideration, including the formation of a "bad bank." One idea that should be reviewed is the elimination of mark-to-market accounting, required by FAS 157, which would go a long way toward stabilizing the banks.

Analysis from an expert
A great new report from Ladenburg Thalmann's Richard Bove, "Views on the Banking and Securities Sectors," details the latest developments at Bank of New York (a stock he is recommending) and puts the absurdity of the current situation into perspective. In short, because banks are scared of future asset writedowns, they are depositing money obtained from the federal government with the federal government, as a safety net. Does this make sense?

According to Bove, FDIC figures indicate that bad loans held by banks as of last year's third quarter were still relatively low compared to historical norms. "Even if one assumes that the banks are about to see these numbers triple," Bove writes, "they are well within the bounds of what can be absorbed."

Demonstrating the impact of mark-to-market accounting, Bove reviews the figures for Bank of New York. Delinquencies on BNY's commercial mortgage-backed securities were 0.88% of its total portfolio; Bove points out that the bank is currently carrying the loans at $0.75 on the dollar, indicating a 25% default rate.

Furthermore, BNY has estimated that it may lose $208 million on securities that are current, out of a total portfolio of $46 billion. Responding to this estimate, management decided to mark down its portfolio by $1.2 billion, which was charged to earnings. This brought the total amount of portfolio markdowns to $7.6 billion; the company is valuing the securities at 83.5% of par value. In response, the company intends to sell off $14 billion of "risky" securities, and to generally lower its risk profile. Consequently, the bank now has $56 billion on deposit with the Federal Reserve.

As Bove says, "One might argue that the bank has withdrawn $70 billion in liquidity from the markets based on a deeply flawed accounting rule."

And this is not a one-off
Bove points out that bank deposits with the Fed have soared to more than $900 billion, a totally unprecedented figure. To put this in perspective, going back to at least 1990, bank deposits with the Fed have never exceeded $100 billion!

Writedowns of assets have rattled investors and obscured the operating results of the banking sector. Criticism of the accounting rule is widespread, with many analysts pointing out that concern about future markdowns has led to a virtual collapse in demand for questionable assets, greatly compounding the losses being taken. Under normal circumstances, mark-to-market may present a more accurate reading of a company's situation, but not when the markets are critically illiquid. Marking assets to "model," in my view, generates as much uncertainty as carrying loans and other hard-to-value properties at cost. At least cost is not a moving target.

One critic of mark-to-market is William Isaacs, former head of the FDIC. Isaacs spoke on an SEC panel last October, saying that FAS 157 "has destroyed hundreds of billions of capital in our financial system, causing lending capacity to be diminished by ten times that amount." As Vince Farrell, Chief Investment Officer of Soleil Securities Research, points out in a note to investors, Isaacs headed the FDIC during the early 1980s, at the time of the Latin American debt crisis. At that time, Farrell writes, "Latin debt was trading as low as $0.10 on the dollar … Isaacs has said that if mark-to-market accounting had been in effect then the banking system would have been insolvent and out of business."

An accounting controversy
This is a controversial issue. Admirers of the new accounting standard argue that eliminating the requirement would crush investor confidence in banks' financial statements. What confidence? As a sector, financials are off 68% over the past year.

Bank statements today are not only misleading, but also nearly incomprehensible. If you don't believe me,  go take a look at Bank of New York Mellon's statements. I wish you luck. Its writedowns and charge-offs are mystifying.

Much of the support for FAS 157 comes from academics and accountants, while opposition stems largely from practitioners -- people actually trying to manage or oversee the banks. Timothy Geithner, recently confirmed as Treasury Secretary, said in his confirmation hearings that his team would come on board with a bold new plan. I believe that getting rid of mark-to-market accounting would be a great place to start.

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Fool contributor Liz Peek owns shares of Bank of America and Citigroup, but of no other companies mentioned. JPMorgan Chase is an Income Investor recommendation; Bank of America is a former Income Investor selection. The Fool is investors writing for investors.

Comments from our Foolish Readers

Help us keep this a respectfully Foolish area! This is a place for our readers to discuss, debate, and learn more about the Foolish investing topic you read about above. Help us keep it clean and safe. If you believe a comment is abusive or otherwise violates our Fool's Rules, please report it via the Report this Comment Report this Comment icon found on every comment.

  • Report this Comment On January 27, 2009, at 10:39 AM, NJING wrote:

    I completely agree. This is to a large extent why banks are not lending even with TARP $$$. Two additional thoughts: (i) There is no "market" on which to base mark to market. An odd distressed trade here or there is not a market and should not be used for the basis of "marks." (i) FASB 157 could be suspended, as opposed to repealed, until such time as real markets return.

    This is critical. The academic basis for "mark to markets" assumes a functioning market. If there isn't one, you can't get rational "marks." Trying to do so only puts the fonancial system in a death spiral. This needs to change.

  • Report this Comment On January 27, 2009, at 10:43 AM, WmFBuckley wrote:

    Where has this guy Isaacs been all this time with his quest to remove FAS 157, the most inane and arcane accounting ruling of the past 2 centuries? Christopher Cox's mandating the application of this rule in Nov. 2007 along with his removal of the Short sale uptick rule from the SEC act of 1934 in July of 2007 have, together, aided and abetted short sellers and naked short sellers, created a financial credit crisis worse than the Great Depression, and crushed the market capitalization of a multitude of large financial institutions such that their only source of capital is the Federal government. Unemployment has soared and profits have plunged in the private sector as businesses are unable to obtain credit from the "crushed" banks. Chris Cox is either an idiot missing from some unknown village or he is being financed by the hedge fund industry. Hopefully, William Isaac will prevail and stability will return.

  • Report this Comment On January 27, 2009, at 1:08 PM, pengs4 wrote:

    Isaacs is not the only one with this quest. Steve Forbe of Forbes has been said that for a long time. So is the other notables. The problem is the majority of the media is so obsessed with the 'Doom's day' stories and trying to scare people than focus on the solutions. The FASB 157 need to be suspended now and repealed later, period.

    I hope this will be one of the solution in Obama's team. Bad bank or nationalization without addressing 157 will not solve the problem, it will make the situation worse and the whole capitalism disappear !

  • Report this Comment On January 27, 2009, at 1:20 PM, streetflame wrote:

    More financial companies need to fail for the long-term good of our economy. The companies with high leverage and opaque balance sheets are the same ones that made massively stupid misinvestments of every kind. They will do the same thing in the future unless the credit markets punish them and we lay off tens of thousands more useless financial workers.

    Also anyone who believe BK will only lose $208M in current securities is a little too trusting.

  • Report this Comment On January 27, 2009, at 1:39 PM, babypoop wrote:

    I love how the banks want unfettered free market capitalism until the ball doesn't bounce their way.

    For you posters who support this idiotic article:

    If you want to buy this 'troubled assets,' please go buy them.

  • Report this Comment On January 27, 2009, at 1:47 PM, liammccusker wrote:

    Let me start by saying that I’m an accountant by trade. In addition making sense of this issue via posting here doesn’t make sense…simply because this issue goes far beyond FAS 157…

    While I agree that MTM accounting might need to be tweaked, I do not agree that it is/was one of the problems that lead to this crisis...getting rid of it will only mask the problem…

    Turning LONG TERM assets (in the form of home loans that are typically around 30 years in payback) into SHORT TERM trading securities was something banks devised. If they are paying for their bad bets now that's just the market making sense of this stuff. Furthermore, they took the risk, so why shouldn’t they take the hit?

    Lastly, when is someone going to start realizing that consumers are as much at fault here? If you ask for a loan and provide no proof of sustainable income wouldn't you even be a little suspicious?

    Don't take that as a jab at consumers, banks, etc….but realize that there is WAY more to this problem than 1 accounting standard...

  • Report this Comment On January 27, 2009, at 2:37 PM, sperson wrote:

    All those against this rule seem to be saying that the market has undervalued all of these assets. If you feel that way, pull up to the trough and start gorging. I bet Citi would even split the difference between market and book value. You'd make out like gangbusters.

    For that matter, I'd love to sell you my girlfriends condo at book value :-) The market is way undervaluing that thing too.

  • Report this Comment On January 27, 2009, at 3:20 PM, babypoop wrote:

    liamccusker said:

    "Lastly, when is someone going to start realizing that consumers are as much at fault here? If you ask for a loan and provide no proof of sustainable income wouldn't you even be a little suspicious?"

    How is that the consumers fault? What you described sounds like the lenders fault for making a risky loan.

  • Report this Comment On January 27, 2009, at 6:09 PM, stills999 wrote:

    I disagree with this article. Information is good thing ... if people are reading into the information improperly, the problem is the people and/or in education and not the accounting standard.

  • Report this Comment On January 27, 2009, at 6:29 PM, maven12 wrote:

    Mark to market is exactly what we need(ed). The fact that Bank of New York wrote down some of its assets doesn't prove anything until they try to sell the assets. What would they be worth then?

    Mark to Market makes them test that every day and with good results. Why don't the banks use the TARP to buy those wonderful assets if they are so under valued??? Because MTM works. The idea of mark to model simply postpones the same result until there's a day of reckoning -- usually once per year.

    Again, there are plenty of those (only 0.88% fail) loans available, so why aren't Ken Lewis and Jamie Dimon buying those assets? Self-evident!

  • Report this Comment On January 27, 2009, at 10:53 PM, bbwyo wrote:

    Isn't using MTM similar to trying to bank unrealized gains? Until there is a sale it's only a guess at what the actual sale/value will result and many things can happen before gains or losses are realized.

    Part of the problems with our financial system is we have discounted the value of facts vs. conjecture.

    Please educate me.

  • Report this Comment On January 27, 2009, at 11:27 PM, jegr5347 wrote:

    What do we replace SFAS 157 with? Better yet lets mark to market then arbitrarily markup 50% of what was marked down to begin with. Wait, not 50%, lets markup 70%. That way we move away from fair value and toward outright nonsense...fiction. If you complain financial statements don't make sense now, wait until what happens if SFAS 157 is suspended. We'll have to put asterisks next to loan portfolio values on banks' balance sheets. It will be impossible to enforce Sarbanes or any other financial crimes law once this happens as there will be no wrong answer for valuing financial assets. Instead of prepared in accordance with Generally Accepted Accounting Principles, we should say prepared in accordance with Generally Conveniently Adopted Accounting Principles.

    If regulators want to overcome these problems, lower reserve requirements. Don't mess with fair value.

  • Report this Comment On January 28, 2009, at 4:19 AM, mcdiv wrote:

    "Separate and distinct things not to be confused, as every thoughtful investor knows, are real worth and market price." - John Burr Williams, The Theory of Investment Value

  • Report this Comment On January 28, 2009, at 4:34 AM, mcdiv wrote:

    MTM is every bit as silly and destructive as allowing firms to value the securities on their balance sheet at at their discretion. If a security is producing cash, it isn't worthless.

    Isn't there a middle ground here? Couldn't strict valuation standards be drafted to prevent wildly optimistic valuations of these debt securities?

    Of course, the SEC would need to be retrained to actually enforce the standards.

  • Report this Comment On January 28, 2009, at 10:28 AM, bbwyo wrote:

    Good point about the income stream. Isn't that what the value of the loan is?

    Does MTM only deal with foreclosed properties that are actually owned by the bank? That would make it a little more understandable.

  • Report this Comment On January 28, 2009, at 10:40 AM, Rehydrogenated wrote:

    I don't think we need less accounting rules. I think we need more. We need banks to mark-to-market, mark-to-model, show the actual cost, and tell us anything and everything else they possibly can to put things in perspective. Right now I would say the problem is letting them strategically choose what is right for them.

  • Report this Comment On January 28, 2009, at 12:42 PM, ronb111 wrote:

    The banks and financial institutions have been hiding their bad assets from public scrutiny and even from their own scrutiny for a long time. Do not suspend or removr MTM. If this is done we will return to this scenario in another 15-20 yrs.

  • Report this Comment On January 28, 2009, at 1:31 PM, chali2na wrote:

    So we should just drop this mark to market rule and allow the banks to return to business as usual and return to putting our money into risky investments that no one understands? Not the answer. Once these greedy "leaders" of our financial institutions put morals and ethics before profits, then we can breath a sigh of relief. This rule will help hold them to doing business morally and ethically. And if you don't have a better solution, dont complain about it because the old way is dead and buried and should never be resurrected.

  • Report this Comment On January 28, 2009, at 2:43 PM, OleDrippy wrote:

    I'm not sure what the alternative is, but forcing a company to arbitrarily price an illiquid CASH FLOWING asset, especially if the intent is to hold that asset to maturity, makes no sense.

    I tell that to my bond holding clients. Just because the bond price fluctuates in the interim doesn't mean the bond is bad. As long as it keeps paying its coupon and matures on schedule all will be well. Was that bond ever "worth" less than par? Not sure about that.

    MTM is definitely a sticky situation.

  • Report this Comment On January 28, 2009, at 8:53 PM, jerryguru69 wrote:

    I read FASB rule 157 and also the rather testy newsletter put out by same defending it against current media coverage calling it MTM. OK, they have a point. Technically, it does not require MTM evaluation for a Level 3 security: they make refernce to mark-to-model and risk evaluation and intangible factors. They trumpet how this rule improves transparency about assets.

    Still, it calls for an evaluation for it if you were to sell it TODAY in an orderly market. You specifically cannot carry it at purchase value, nor the value upon maturity. So, MTM is a perfectly reasonable stance to 157. Since 157 allows so much latitude, financial institutions have refused to lend to each other, because there is no way to know how MBS are being carried on the other banks books.

    Suspect that choosing a different (like purchase price) evaluation method to 157 will solve bank liquidity problems like a magic wand.

  • Report this Comment On January 29, 2009, at 11:47 AM, maven12 wrote:

    Mark to Market has been part of most investors' lives for years -- whenever you have a margin account, the broker gives you a margin call when your asset value drops below the margin threshold. What do they use to value your portfolio? Mark to Market.

  • Report this Comment On February 12, 2009, at 11:22 AM, gaapster wrote:

    " One idea that should be reviewed is the elimination of mark-to-market accounting, required by FAS 157, which would go a long way toward stabilizing the banks."

    After reading this sentence, it was very difficult for me to read through the rest of the article. You see, a misstatement of this magnitude greatly diminishes your credibility as an author. Why? Plain and simple - SFAS No. 157 does not require any mark-to-market adjustments that were not previously required under various other accounting pronouncements. SFAS No. 157 provides additional guidance to assist with the determination of fair value measurements when fair value measurement is required under various other accounting pronouncements. SFAS No. 157 provides a definition of fair value to be applied to all fair value measurements, guidance for acceptable valuation methods and enhanced disclosure requirements regarding the valuation methods used and the inputs to those valuation models.

    Furthermore, the SEC recently completed a study of SFAS No. 157 after holding numerous roundtables with academia, auditors, preparers, and users of financial statements. Not one person specifically expressed a desire for SFAS No. 157 or mark-to-market accounting requirements to be repealed. However, some issues were raised with SFAS No. 157 including the way it defined fair value and the valuation models that it deemed as acceptable. Other issues were raised with mark-to-market in general, including the current inability to recognize gains in value subsequent to write-downs for other than temporary impairment.

    The only thing that dumping SFAS No. 157 would accomplish is the creation of less transparency and consistency in financial statements. If you do not understand the additional disclosures required by SFAS No. 157, simply do not read them. However, many users, including myself, benefit from the enhanced disclosures. I am not saying current mark-to-market requirements are perfect. I think the definition of fair value should permit the consideration of of ask prices and not just bid prices. I think recoveries in value should be permitted subsequent to write downs for other than temporary impairment. I think there should be better guidance regarding estimates, specifically the judgement involved in deriving those estimates, of Levels 2 and 3 assets. I think there should be more consistency among acceptable valuation models. The system is still not perfect, but SFAS No. 157 was a baby step in the right direction.

    Finally, the SEC has recommended several improvements to the FASB, but has not mandated anything in order to preserve the independence of FASB. I think this was a very wise move on their part.

    If you would like to discuss any of this offline, feel free to contact me at gaapster@gaapster.com.

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