Dan J. Harkey

Master Educator | Business & Finance Consultant | Mentor

Bail-ins vs Bailouts: Two Paths to Crisis Resolution in Banking

More of the same; The rich people take significant risks- if anything goes wrong, the government borrows money out of thin air and fixes the problem. The ordinary taxpayers are left on the hook for losses. There has never been a greater moral hazard dividing the rich from the ordinary people.

by Dan J. Harkey

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Summary

With all the rhetoric from the establishment of government and banking about protecting the system, we understand that virtually every action is aimed at protecting the elite, the wealthy, and the banking system from any losses.

Executive Summary

What Is Moral Hazard?

Moral hazard occurs when one party engages in riskier behavior because they do not bear the full consequences of that risk.  In the context of bailouts, it means companies or financial institutions take excessive risks knowing that the government will rescue them if things go wrong.

Government bailouts have shaped economic policy for over a century, raising concerns about fairness, moral hazard, and fiscal sustainability, which are vital for maintaining public trust and confidence.

My article examines:

  • Power Dynamics: How influential individuals and institutions drive bailout decisions.
  • Definitions: What constitutes a bailout versus a bail-in?
  • Cost Allocation: Who ultimately pays for these interventions—taxpayers or investors?
  • Historical Perspective: Major bailouts from the Great Depression to COVID-19.
  • Debt Impact: How bailouts inflate national debt and constrain future policy.
  • Alternatives: Bail-ins and regulatory frameworks as potential solutions.

Key findings:

  • Bailouts socialize losses, increase public debt, and perpetuate systemic risk.
  • Bail-ins, though less common, privatize losses and reduce taxpayer burden.
  • Over the last 100 years, bailout frequency and scale have grown dramatically, culminating in multi-trillion-dollar interventions during the 2008 financial crisis and the COVID-19 pandemic.

    Core Mechanism

    • Risk Transfer: The entity taking the risk shifts potential losses to another party (taxpayers or the government).
    • Behavioral Change: Knowing they have a safety net, firms reduce caution and increase leverage or speculative activities.

    Why Bailouts Create Moral Hazard

    ·         Expectation of Rescue: Large firms assume they are “too big to fail,” so they gamble on high-risk strategies.

    ·         Distorted Incentives: Executives prioritize short-term profits and bonuses, knowing losses will be socialized.

    ·         Market Discipline Erosion: Investors and creditors stop pricing risk accurately because they expect government intervention.

    Real-World Examples

    • 2008 Financial Crisis: Banks engaged in risky mortgage-backed securities trading, confident that systemic importance would guarantee a bailout.
    • AIG: Sold massive credit default swaps without adequate reserves, relying on implicit government support.
    • COVID-19 Bailouts: Some corporations used relief funds for stock buybacks rather than strengthening their balance sheets.

    Consequences

    • Increased Systemic Risk: Encourages a cycle of risk-taking and rescue.
    • Public Cost: Taxpayers bear losses while executives keep bonuses.
    • Policy Dilemma: Governments must choose between letting firms fail (causing economic shock) or rescuing them (reinforcing moral hazard).

    Mitigation Strategies

    • Stricter Regulation: Higher capital requirements, stress tests.
    • Resolution Frameworks: Predefined liquidation plans for failing firms.
    • Bail-ins: Shift losses to shareholders and creditors instead of taxpayers.

    Schemes to protect the system as it is: Status Quo for the Rich and Powerful

    1.  Dodd-Frank Act (U.S., 2010)

    • Purpose: Comprehensive financial reform after the 2008 crisis.
    • Key Measures:
      • Created the Financial Stability Oversight Council (FSOC) to monitor systemic risk.  Im
      • The Volcker Rule imposed restrictions on banks’ proprietary trading.
      • Required living wills for large banks—plans for orderly resolution without taxpayer bailouts.

    2.  Basel III Framework (Global, 2010–2017) • Purpose: Strengthen bank capital and liquidity standards through international cooperation, impacting the effectiveness of resolution mechanisms worldwide.

    • Purpose: Strengthen bank capital and liquidity standards.

    Key Measures

    •   Higher capital adequacy ratios.
      • Liquidity Coverage Ratio (LCR) to ensure short-term resilience.
      • Leverage ratio to limit excessive borrowing.

    3.  EU Banking Recovery and Resolution Directive (BRRD, 2014)

    • Purpose: Introduced bail-in mechanisms in Europe.
    • Key Measures:
      • Requires shareholders and creditors to absorb losses before public funds are used.
      • Establishes resolution authorities for failing banks.
      • Mandates minimum requirement for own funds and eligible liabilities (MREL).

    4.  Stress Testing Programs

    • Examples: U.S. Federal Reserve’s Comprehensive Capital Analysis and Review (CCAR) and EU stress tests.
    • Purpose: Assess banks’ ability to withstand severe economic shocks.
    • Impact: Forces banks to maintain adequate capital buffers.

    5.  Deposit Insurance Schemes

    • Examples: FDIC in the U.S., European Deposit Insurance Scheme.
    • Purpose: Protect small depositors while limiting panic withdrawals.
    • Impact: Reduces contagion risk without guaranteeing all liabilities.

    1.  Dodd-Frank Act (U.S., 2010)

    • Purpose: Comprehensive financial reform after the 2008 crisis.
    • Key Measures

      Created the Financial Stability Oversight Council (FSOC) to monitor systemic risk.
      • The Volcker Rule imposed restrictions on banks’ proprietary trading.
      • Required living wills for large banks—plans for orderly resolution without taxpayer bailouts.

    2.  Basel III Framework (Global, 2010–2017)

    • Purpose: Strengthen bank capital and liquidity standards.
    • Key Measures:
      • Higher capital adequacy ratios.
      • Liquidity Coverage Ratio (LCR) to ensure short-term resilience.
      • Leverage ratio to limit excessive borrowing.

    3.  EU Banking Recovery and Resolution Directive (BRRD, 2014)

    • Purpose: Introduced bail-in mechanisms in Europe.
    • Key Measures

      Requires shareholders and creditors to absorb losses before public funds are used.
      • Establishes resolution authorities for failing banks.
      • Mandates minimum requirement for own funds and eligible liabilities (MREL).

    • Limitations: Despite stress testing programs like the U.S. Federal Reserve’s CCAR and EU stress tests, some risks may still be underestimated or overlooked. • Challenges: Ensuring consistent enforcement and adapting to evolving financial products remain ongoing issues for regulators.

    • Examples: U.S. Federal Reserve’s Comprehensive Capital Analysis and Review (CCAR) and EU stress tests.
    • Purpose: Assess banks’ ability to withstand severe economic shocks.
    • Impact: Forces banks to maintain adequate capital buffers.

    5.  Deposit Insurance Schemes

    • Examples: FDIC in the U.S., European Deposit Insurance Scheme.
    • Purpose: Protect small depositors while limiting panic withdrawals.
    • Impact: Reduces contagion risk without guaranteeing all liabilities.

    The Volcker Rule’s Impact on liquidity is a widely debated topic in financial regulation. 

     Breakdown, aiming to clarify how transparency and regulation influence market stability.

    1.  Why Liquidity Is Affected

    • Proprietary Trading Ban: Banks were major market-makers, providing liquidity by buying and selling securities for their own accounts.  The ban reduced their ability to hold extensive inventories of bonds and other assets.
    • Reduced Risk Appetite: Compliance requirements made banks more cautious, limiting their willingness to take positions that facilitate trading.

    2.  Consequences for Market Liquidity

    • Corporate Bond Market: Liquidity declined because banks scaled back bond inventories, making it harder for investors to buy or sell prominent positions quickly.
    • Volatility Spikes: During periods of stress, fewer market makers lead to wider bid-ask spreads and sharper price swings.
    • Shift to Non-Bank Entities: Hedge funds and asset managers stepped in, but they lack the same balance sheet capacity as banks, so liquidity remains thinner.

    3.  Evidence and Debate

    • Supporters argue the rule reduces systemic risk and speculative bubbles.
    • Critics claim it worsens liquidity, especially in fixed-income markets, and increases transaction costs for institutional investors.

    4.  Mitigation

    Regulators have since loosened some Volcker Rule restrictions (e.g., in 2020) to allow banks more flexibility in market-making while maintaining limits on pure speculation.

    Key Changes in 2020

    ·         Covered Funds Flexibility

    ·         Banks were allowed to invest in or sponsor certain types of funds previously restricted under the Volcker Rule.

    ·         New exclusions introduced for:

    ·         Credit Funds (funds investing in loans and debt instruments)

    ·         Venture Capital Funds

    ·         Customer Facilitation Vehicles

    ·         Family Wealth Management Vehicles

    ·         Clarification of Ownership Interests

    ·         Revised definitions of “ownership interest” to reduce ambiguity and compliance burden.

    ·         Allowed banks to engage in activities that do not raise systemic risk concerns. 

    ·         Extraterritorial Treatment

    ·         Adjusted rules for foreign funds, making it easier for U.S. banks to operate globally without violating Volcker restrictions. 

    ·         Impact on CLOs (Collateralized Loan Obligations)

    ·         Expanded permissible holdings for CLO managers and banks investing in CLOs.

    ·         Increased flexibility in managing loan securitizations and related assets. 

    Eliminating the reserve requirement—which the Federal Reserve did in March 2020—has several significant consequences for the banking system and the broader economy:

    1.  What Is the Reserve Requirement?

    Traditionally, banks were required to hold a certain percentage of customer deposits as reserves at the central bank.  This acted as:

    • A liquidity buffer to meet withdrawals.
    • A monetary policy tool to influence credit creation.

    2.  Consequences of Eliminating It

    a) Increased Lending Capacity

    • Banks can now use all deposits for lending or investment, rather than keeping a portion idle.
    • This potentially expands credit availability, especially during crises.

    b) Reduced Liquidity Safety Net

    • Without a mandated reserve, banks rely more on capital adequacy rules and liquidity coverage ratios (from Basel III) to ensure stability.
    • In stress scenarios, banks may face liquidity shortages unless they maintain voluntary reserves.

    c) Shift in Monetary Policy Tools

    • The Fed now relies more on interest on reserves (IOR) and open market operations to control the money supply.
    • Reserve requirements became less relevant after 2008, when banks already held excess reserves due to quantitative easing.

    d) Potential Risk of Over-Leverage

    • Removing the requirement could encourage aggressive lending, increasing systemic risk if credit quality deteriorates.

    e) Greater Dependence on Central Bank Backstops

    • In crises, banks expect the Fed to provide emergency liquidity (via discount window or repo facilities), reinforcing moral hazard.

    Why Was It Removed in 2020?

    • To maximize liquidity during the COVID-19 pandemic and support credit flow.
    • Banks were already holding reserves far above the required minimum, making the rule redundant.

    Impact on Banks

    • Increased Operational Flexibility: Banks can now offer more financial services and engage in activities previously restricted.
    • Reduced Compliance Costs: Simplified rules lowered the administrative burden, especially for smaller banks.
    • Improved Market Liquidity: By allowing certain fund investments and clarifying proprietary trading limits, banks regained some liquidity in credit markets.
    • Potential Risks: Critics warned that easing restrictions could reintroduce systemic risk by encouraging complex fund structures and risk-taking behavior.

    Books

    ·       “Too Big to Fail” by Andrew Ross Sorkin
    A detailed narrative of the 2008 financial crisis and government interventions.

    ·       “The Big Short” by Michael Lewis
    Explains the systemic risks and behaviors that led to the crisis.

    ·       “The End of Alchemy” by Mervyn King
    Discusses banking fragility and policy responses.

    Academic & Policy Papers

    • “Moral Hazard and Government Bailouts” – Federal Reserve Bank of St. Louis Review
      Explores the economic theory behind bailouts and risk-taking.
    • Basel Committee on Banking Supervision – Basel III Framework
      Official documentation on global regulatory standards.
    • Dodd-Frank Act Summary – U.S. Government
      Comprehensive overview of post-crisis reforms.

    Reports & Articles

    • IMF Working Papers on Bail-ins and Resolution Frameworks
      Analysis of Bail-in effectiveness in Europe.
    • OECD Reports on Systemic Risk and Financial Stability
      Global perspective on regulatory responses.

    Websites

    • Federal Reserve (www.federalreserve.gov) – Monetary policy and regulatory updates.
    • Bank for International Settlements (www.bis.org) – Basel standards and global banking research.
    • European Banking Authority (www.eba.europa.eu) – Bail-in rules and BRRD implementation.

    Closing Thoughts

    Government bailouts have become an entrenched feature of modern economic policy, offering short-term stability at the cost of long-term distortions.  While they prevent catastrophic collapses, they also perpetuate moral hazard, concentrate wealth, and inflate public debt.  Alternatives such as bail-ins and robust regulatory frameworks—like the Volcker Rule and Basel III—aim to restore market discipline.  Still, their effectiveness depends on consistent enforcement and political will.  As global finance grows more interconnected, the challenge is clear: how do we safeguard systemic stability without rewarding reckless behavior?  The answer lies in striking a delicate balance between intervention and accountability—a task that will define the next century of economic governance.