The Federal Reserve's Catch-22: 1 a Legal Analysis of the Federal Reserve's Emergency Powers
~ UNC Jill SCHOOL OF LAW *'/(! 4 --/! ,.%'! " ! ! " *''*1.$%-) %.%*)'1*,&-. $6+-$*',-$%+'1/)! /)% ,.*".$! )&%)#) %))!1*((*)- !*((!) ! %..%*) 5*(-*,.!, 7;:9;8;<= 0%''!. $6+-$*',-$%+'1/)! /)%0*' %-- 5%-*.!%-,*/#$..*2*/"*,",!!) *+!)!--2,*'%)1$*',-$%+!+*-%.*,2.$-!!)!+.! "*,%)'/-%*)%)*,.$,*'%) )&%)#)-.%./.!2)/.$*,%3! ! %.*,*",*'%)1$*',-$%+!+*-%.*,2*,(*,!%)"*,(.%*)+'!-!*).. '1,!+*-%.*,2/)! / The Federal Reserve's Catch-22: 1 A Legal Analysis of the Federal Reserve's Emergency Powers I. INTRODUCTION The federal government's role in the buyout of The Bear Stearns Companies (Bear) by JPMorgan Chase (JPMorgan) will be of lasting significance because it shaped a pivotal moment in the most threatening financial crisis since The Great Depression.2 On March 13, 2008, Bear informed "the Federal Reserve and other government agencies that its liquidity position had significantly deteriorated, and it would have to file for bankruptcy the next day unless alternative sources of funds became available."3 The potential impact of Bear's insolvency to the global financial system4 persuaded officials at the Federal Reserve (the Fed) and the United States Department of the Treasury (Treasury) to take unprecedented regulatory action.5 The response immediately 1. JOSEPH HELLER, CATCH-22 (Laurel 1989). 2. See Turmoil in the Financial Markets: Testimony Before the H. Oversight and Government Reform Comm., llO'h Cong. -- (2008) [hereinafter Greenspan Testimony] (statement of Dr. Alan Greenspan, former Chairman, Federal Reserve Board of Governors) ("We are in the midst of a once-in-a century credit tsunami."); Niall Ferguson, Wall Street Lays Another Egg, VANITY FAIR, Dec. 2008, at 190, available at http://www.vanityfair.com/politics/features/2008/12/banks200812 ("[B]eginning in the summer of 2007, [the global economy] began to self-destruct in what the International Monetary Fund soon acknowledged to be 'the largest financial shock since the Great Depression."'); Jeff Zeleny and Edmund L.
[Show full text]