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'Statement 159' enables companies to report gains even when market value for liabilities decreases
By Bradley Keoun
Bloomberg News
Published on Sunday, Jun 08, 2008
Leave it to Wall Street to profit from its own distress.
Merrill Lynch & Co., Citigroup Inc. and four other U.S. financial companies have used an accounting rule adopted last year to book almost $12 billion of revenue after a decline in prices of their own bonds. The rule, intended to expand the ''mark-to-market'' accounting that banks use to record profits or losses on trading assets, allows them to report gains when market prices for their liabilities fall.
The new math, while legal, defies common sense. Merrill, the third-biggest U.S. securities firm, added $4 billion of revenue during the past three quarters as the market value of its debt fell. The decline was the result of higher yields demanded by investors who were spooked by the New York-based company's $37 billion of writedowns from holdings hurt by the subprime mortgage collapse.
''They can post substantial gains as a result of a decline in their own creditworthiness,'' said James Cataldo, a former director of treasury risk management for the Federal Home Loan Bank of Boston and now an assistant professor of accounting at Suffolk University in Boston. ''It's completely legitimate, but it doesn't make sense by any way we currently have of thinking of net income.''
The paper profits have helped offset more than $160 billion of writedowns taken by U.S. financial-services companies during the past year. Now some investors and analysts say the winnings are illusory and might have to be reversed.
''The piper will have to be paid eventually,'' said Robert Willens, a former Lehman Brothers Holdings Inc. accounting analyst who left the New York-based firm earlier this year to become an independent consultant.
The debate over what is known as ''Statement 159'' adds to the number of accounting techniques called into question as the U.S. debt market unravels. Investors have criticized banks for booking some writedowns in an accounting category called ''other comprehensive income'' that bypasses their income statements. Accounting rulemakers are now proposing changes to standards that let banks use off-balance-sheet vehicles to juice earnings without tying up precious capital.
Statement 159, formally known as the ''Fair Value Option for Financial Assets and Financial Liabilities,'' was issued in February 2007 by the Financial Accounting Standards Board, or FASB, which sets U.S. accounting rules. It was adopted by most large Wall Street firms in the first quarter of last year and becomes mandatory for all U.S. companies this year, although they have wide latitude in how to apply it, if at all.
The rule was enacted after lobbying by New York-based companies, led by Merrill, Morgan Stanley, Goldman Sachs Group Inc. and Citigroup, which wrote letters to FASB arguing that it wasn't fair to make them mark their assets to market value if they couldn't also mark their liabilities.
Companies are allowed to decide for themselves which of their outstanding bonds, loans and other liabilities will get mark-to-market treatment. That's an unprecedented degree of leeway, said Willens, who is also an adjunct professor at Columbia University in New York.
''It's kind of a dumb rule,'' Willens said. ''In the entire panoply of accounting, this is the most flexible and elective and optional rule that we have.''
Here's how it works, according to Richard Bove, an analyst at New York-based Ladenburg Thalmann & Co. A company decides to designate $100 million of its subordinated bonds as subject to mark-to-market accounting. The price of the bonds drops to 80 cents on the dollar from 100 cents. So the firm books $20 million on the ''presumed savings that you have on your liabilities,'' Bove said.
''In the real world you didn't save a dime,'' he said. ''You still owe the $100 million.''
The Federal Reserve, Federal Deposit Insurance Corp., Office of the Comptroller of the Currency and Office of Thrift Supervision objected to the rule before its passage, saying in a joint 2006 letter to the FASB that it would ''have the contrary effect'' of increasing a bank's net worth at the same time its ''financial condition is deteriorating.''
The regulators remain so skeptical that they refuse to let banks apply the phantom revenue toward minimum capital requirements, according to reporting rules posted on the Web site of the Federal Financial Institutions Examination Council. Deborah Lagomarsino, a Washington-based spokeswoman for the Federal Reserve, declined to comment.
''The statement was thoroughly discussed with users and preparers'' in advance of its publication, said Neal McGarity, a spokesman for Norwalk, Conn.-based FASB. A March survey by the CFA Institute, a Charlottesville, Virginia-based group that administers a financial-analyst designation program, showed that 74 percent of investors believe the standard ''has improved market integrity,'' he said.
Merrill has said its gains from the liabilities don't add to true earnings power. In a spreadsheet posted on its Web site, Merrill says that investors who want a ''more meaningful period-to- period comparison'' should exclude the $2.1 billion of revenue recorded in the first quarter.
Spokespeople for Merrill, Lehman, Morgan Stanley, Goldman, Citigroup and JPMorgan declined to comment. Merrill owns a passive 20 percent stake in Bloomberg LP, the parent of Bloomberg News.
Leave it to Wall Street to profit from its own distress.
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