Administration by Treasury
Article Administration by Treasury David Zaring† INTRODUCTION The Treasury Department pulled out all the stops during the beginning and middle of the financial crisis, and toward the end, when Congress got involved, its efforts got even more dramatic. First, Treasury engineered the sale of some financial intermediaries,1 seized two congressionally chartered corpora- tions designed to encourage home lending,2 and issued death sentences against other financial institutions, including Leh- man Brothers and Washington Mutual, by far the two largest † Assistant Professor, Legal Studies Department, Wharton School of Business. Thanks to Robert Ahdieh, Cary Coglianese, Kristin Hickman, and participants in workshops at the annual meetings of Connecticut, Emory, Penn, and the Law & Society Association and Academy of Legal Studies in Business. Thanks also to Laura Kaufman and Justin Simard for research as- sistance, and to the Zicklin Center at Wharton for research support. Copyright © 2010 by David Zaring. 1. See Eric Dash & Andrew Ross Sorkin, In Largest Bank Failure, U.S. Seizes, Then Sells, N.Y. TIMES, Sept. 26, 2008, at A1, available at 2008 WLNR 18286005 (describing the circumstances surrounding Treasury’s engineering the sale of Washington Mutual to J.P. Morgan Chase for $1.9 billion); Megan Davies & Joseph Giannone, JPMorgan to Buy Bear Stearns for $2 a Share, REUTERS, Mar. 17, 2008, available at http://www.reuters.com/article/idUSN 1671008920080317 (describing the takeover of Bear Stearns by J.P. Morgan as having “the backing” of the Treasury); Robin Sidel et al., WaMu Is Seized, Sold Off to J.P. Morgan, in Largest Failure in U.S.
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