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bit and would have avoided the misguided forbearance and leniency
provisions of the 1987 version. But it could not have saved large sums.


Notes
1. As noted in Chapter 6, however, some of the apparent profits were
accounting devices that allowed thrifts to bolster short-run profits at the
expense of longer-run asset values.
2. See Pizzo, Fricker, and Muolo ( 1989, Ch. 7) and Adams ( 1990, Ch. 11).
3. The losses could have been avoided only if the FSLIC had liquidated the
thrifts and quickly sold the assets to private investors at their inflated
prices, so that the private investors would have borne the eventual losses.
This was not a likely scenario.
4. Support for this position came from the leadership at the FDIC.
5. See FAIC Securities Inc. v. U.S., 595 F. Supp. 73 ( 1984), 753 F. 2d. 166
( 1985), 762 F. 2d. 352 ( 1985).
6. A modest limitation on the use of brokered deposits -- no more than 5
percent of deposits by thrifts that were below their minimum net worth
requirement -- remained.
7. See also Benston ( 1984; 1985)
8. This was a means by which a bank or thrift could pledge its assets in
return for low cost loans from securities dealers and other funds
providers.
9. This attitude found its way into the FIRREA, which forbids any bank or
thrift that is not meeting its net worth requirements from accepting
brokered deposits. In defense of this provision, it does focus attention
on the thinly capitalized thrifts, where the risks are highest; and it does
give the FDIC flexibility to override the prohibition. Still, it continues
to focus too much attention on the wrong side of the balance sheet.
10. See Spellman ( 1982, Ch. 3).
11. Many other regulations were issued as well. Partial compilations are
found in Kane ( 1989) and Barth and Bradley ( 1989).
12. Depositors usually leave in their accounts the interest that accrues on
their deposits. This source of deposit expansion does not imply any
aggressive growth behavior.
13. In November 1983 the net worth requirements for de novo thrifts had
been raised to 7 percent of liabilities for their first year.
14. At least part of the reason for gearing the increase in required net worth
to profit levels was to give mutual thrifts, who could not raise capital by
selling shares of stock (unless they were prepared to convert from their
mutual status), time to increase their net worth through retained
earnings. The shrinking of mutual (and other) thrifts by letting

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Publication Information: Book Title: The S&L Debacle: Public Policy Lessons for Bank and Thrift Regulation. Contributors: Lawrence J. White - author. Publisher: Oxford University Press. Place of Publication: New York. Publication Year: 1991. Page Number: 142.
    
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