Cramer on BloggingStocks: Taking control of the banking system

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TheStreet.com's Jim Cramer says the U.S. government has the power to stop the nonsense, but will it take action?

The only reason for a rally would be if the government read Vikram Pandit's internal memo about how well Citigroup (NYSE: C) (Cramer's Take) is doing and recognizes that banks are actually solvent and they should be treated as such.

Pandit's stunning statement that the quarter has started really well -- and remember, we're in March -- gives the bulls hope that the Treasury and the president -- please don't go Mr. Bush on us and delegate everything -- might not confiscate the bank and give it to the people of the United States because it doesn't need to.


At the end of the week there will be hearings on mark to market. Marking to market is kind of like the rights of short-sellers right now (lots of good debates raging on this Web site about that). We should demand mark to market when we are not going to wipe out the banking system. We should demand that shorts shouldn't lose their rights but not when the shorts are about to wreck the banking system, which is now crazily based on common equity and not Tier 1 capital.

I know, sounds frivolous, we should always be rigorous. Right? Sometimes, though, enforced rigor gets in the way of what could be an actual honest reporting of events. We all know that if you marked your stock portfolio to the lowest stock in the group -- Heinz (NYSE: HNZ) (Cramer's Take), say, if you owned Coca-Cola (NYSE: KO) (Cramer's Take) -- you could argue that's nuts. But the "rigor" of the moment says that is right. Of course, we know better, because there is a posted market. But there isn't a posted market for a lot of real estate. That doesn't mean, though we should post to the worst house on the block, the one that just sold, even though the others don't have to be sold. Yet that's what we are doing to Citigroup, Bank of America (NYSE: BAC) (Cramer's Take), JPMorgan Chase (NYSE: JPM) (Cramer's Take), Wells Fargo (NYSE: WFC) (Cramer's Take) and all of the others, including General Electric (NYSE: GE) (Cramer's Take).

The administration should use those hearings as a catalyst to bring together the Federal Reserve, the ratings agencies and the Treasury to say "enough is enough," and take control of the situation. Right now the agencies are taking all of the "AAA" ratings, which were wrong, down to "CCC" ratings, which also are wrong. Of course, the consequence is that merchandise must be dumped that shouldn't have to and no one has the capital to step up and stop the free fall or the charter to take advantage of the mispricings.

Meanwhile, the regulators are forcing recognition of losses that might not be losses two years from now if we cool it. What's the point of accelerating the debacle? Is it because the stocks are down? In this case I think the stocks are down because they are so easy to break because there is no uptick rule and because the margin requirements on the shorts are out the window. You may think they are down because all of the banks are insolvent but that's just empirically not true.

The government must take control of the system, not the banks. It should tell its regulators to stop forcing the marking and forbear. It should tell the ratings agencies to stop the willy-nilly downgrades and suspend their ratings systems until the agencies can figure out what the heck they are doing. I would investigate every one of them for their actions in this era. It should bring back the uptick rule and bring back the old margin rules. They should act like grownups and take control.

In reality, I believe nothing will happen. I think Treasury Secretary Timothy Geithner won't do anything, the president will be off doing good social agenda deeds, and the banking system will collapse, sending us to 5320.

But if they actually understand that they have the power to stop this nonsense, just like they had the power to stop the euthanizing of Lehman, we can put a stop to the tyranny of the shorts, the regulators and the ratings agencies and make Citigroup the last nationalized bank, instead of the first one.

Jim Cramer is co-founder and chairman of TheStreet.com. He contributes daily market commentary for TheStreet.com's sites and serves as an adviser to the company's CEO. At the time of publication, Cramer was long JPMorgan Chase, Wells Gargo and General Electric.

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Last updated: February 09, 2010: 02:27 PM

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