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The Fed's $29 billion Bear Stearns equity bailout

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BusinessWeek reports that the $29 billion "loan" that the Fed is making to finance JPMorgan Chase & Co. (NYSE: JPM)'s $1.2 billion acquisition of The Bear Stearns Companies (NYSE: BSC) is really an equity investment in $30 billion worth of mortgage-backed securities (MBSs).

If that investment goes sour, taxpayers will suffer. I think we deserve to know more of the details of those MBSs before the deal closes. For instance, what would a buyer be willing to pay for those MBSs in the open market? If the answer is 10 cents on the dollar, why should taxpayers be on the hook for the losses?

To do the deal, a Delaware-based limited liability company (LLC) will receive the $30 billion worth of Bear MBSs. The Fed will "lend" $29 billion to that company, which will pass all the money along to JPMorgan. JPMorgan will contribute a $1 billion loan to the LLC and BlackRock ­Financial Management will pay back the LLC's loans by gradually liquidating the assets. The Fed gets paid back fully before JPMorgan gets back anything on its loan. And if, after JPMorgan gets paid back, there's money left, the Fed gets it all.

But that last part is what makes the Fed's $29 billion an equity investment rather than a loan. If the $30 billion in Bear MBSs were treated as collateral, it would be a loan but since the Fed is a "residual claimant" -- e.g., it gets what's left after all the loans have been paid off -- Vincent R. Reinhart, a former director of the Fed's Division of Monetary Affairs that BusinessWeek interviewed, thinks the Fed's $29 billion is an equity investment.

Why does this matter? Because if things don't go so well and the $30 billion in MBSs are really worth, say, $5 billion, then taxpayers take a $25 billion hit. Not only that, but this move effectively marks a shift in U.S. policy from letting Sovereign Wealth Funds (SWF) in the Middle East recapitalize our banks to making U.S. taxpayers, via the Fed, the capital source of last resort.

Perhaps the SWFs have learned their lesson and there are no greater fools left. But before the deal goes down, we deserve to know a little bit more about Bear's MBSs -- and whether the Fed's balance sheet is sufficiently sound to handle this risk.

Peter Cohan is President of Peter S. Cohan & Associates. He also teaches management at Babson College and edits The Cohan Letter. He has no financial interest in the securities mentioned.

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Last updated: November 10, 2009: 11:22 PM

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