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Thursday, January 15, 2009

Businesses Find a Silver Lining in Inland California’s Downturn

At the moment, California’s Inland Empire — the local name for San Bernardino and Riverside Counties east of Los Angeles — would seem an inhospitable place for starting a business.
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J. Emilio Flores For The New York Times

Mike Stull, center right, the Director of the Inland Empire Center for Entrepreneurship, with Monty Dill, far left, Shawn Barker and Felix Zuniga, far right, all of whom are entrepreneurs.
Entrepreneurial Edge

James Flanigan writes about small businesses mainly in California and the West.
James Flanigan’s Columns »
The New York Times

The Inland Empire is a major hub of freight transportation.

Unemployment has already reached 9.5 percent, a third higher than the national average. And 350,000 homes have been foreclosed on — one house in three in an area with a population of 4.3 million. Commercial construction and expansions have halted, leaving unfinished projects and vacant buildings. The forecast is that “it will take three years, to 2011-2012, for the area’s economy to come back,” said John Husing, an economist whose company, Economics and Politics Inc., issues quarterly reports on the Inland Empire economy.

Yet the area, which had one of the nation’s fastest-growing economies in the last decade, has been attracting newcomers and small businesses. One of its advantages, paradoxically, is the result of its economic travails: low real estate prices for both houses and factories. But the other is the concerted support for small enterprises and start-up companies from the area’s universities and nonprofit organizations — programs that were set in place long before the current downturn.

That is why energy and hope were evident at a recent gathering of small-business owners at the Inland Empire Center for Entrepreneurship, a part of the College of Business and Public Administration at California State University, San Bernardino.

One of the business owners was Shawn Barker, a student in the master of business administration program who started a company, Virclom Technologies Services, last October to provide tutoring in mathematics and physics to high school and college students. Mr. Barker, who holds a degree in physics from Talladega College in Alabama, records lectures by teachers, adapts them to iPods and other formats and distributes them to students. “Our technology allows students to review the material and reinforces learning,” said Mr. Barker, who is looking to sell the service to school districts.

He also hopes to automate the distribution system so that students can download tutorials from servers. That improvement will cost about $100,000, he estimated, and Mr. Barker is seeking to attract financing from angel investors or grants from federal and state governments. This is a difficult time to raise capital, Mr. Barker acknowledged, but he has sent descriptions of his company’s innovations to members of Congress and feels confident, he said, because “the new administration and Secretary of Education Arne Duncan are in favor of new approaches.”

Felix Zuniga, who holds a master’s degree in business from California State in San Bernardino, started Armada Business Services last September to help independent truck owner-operators cope with many demands of regulation, financing, insurance and management. The Inland Empire is a major center for freight transportation. Trucks carry cargo containers 60 miles from the ports of Los Angeles and Long Beach to rail terminals in San Bernardino County, where they are transferred to railroad cars for transport to other parts of the United States.

But these are difficult times for truck owners. International trade volumes are down in the recession even as truck owners need to meet new environmental regulations by modifying engines. At the same time, banks and other lenders are pulling back on financing for small-business owners. “Truckers have a high failure rate, an average 14 months from going into business to failing,” Mr. Zuniga said. But perhaps adversity can mean opportunity, he said. “It’s when times are tough that the owners especially need our help.”

More than start-ups find opportunities in the current climate. Gem Power L.L.C. is an eight-year-old company that developed software under research contracts for the United States Navy to recharge and extend the life of batteries. “We can double or treble the life of any battery, whether for computers or heavy machinery,” said John James, Gem Power’s president.

The company is now trying for commercial work for its battery-charging systems, marketing to police and fire departments. The commercial effort follows recommendations of a feasibility study by faculty and students at the California State Entrepreneurship Center, which also operates a computer laboratory under a Defense Department program.

Like similar efforts to help small business at the nearby University of California, Riverside, the Inland Empire Center for Entrepreneurship ranges beyond academia to get involved in the business community. The center finances its $2 million annual budget independently, said Michael Stull, an associate professor of business and the director of the center, “by selling consulting and technical assistance services to public agencies.” And the center organizes an annual Spirit of Entrepreneurship award ceremony to encourage and publicize local innovators.

Bank of America Said to Be Near Accord on U.S. Aid

Jan. 15 (Bloomberg) -- Bank of America Corp., the biggest U.S. bank by assets, is nearing an accord on a financial aid package from the U.S. that may include $15 billion to $20 billion in capital, said a person familiar with the matter.

The bank may also get a $120 billion “backstop” to help it cope with troubled assets, said the person, who declined to be identified because the accord hasn't been publicly announced. Bank of America needs the package to cushion losses tied to its purchase of Merrill Lynch & Co. earlier this year, said three people familiar with the matter.

Bank of America moved up its fourth-quarter report to tomorrow amid speculation that bigger-than-expected losses at Merrill Lynch are putting a strain on its new parent. The switch from Jan. 20 may provide investors with details on what kind of help the U.S. will give to the Charlotte, North Carolina-based bank as it tries to absorb New York-based Merrill Lynch.

``The motivation is to try and basically get information to the market sooner rather than later because of all the anxiety that's out there,'' said Bert Ely, chief executive officer of Ely & Co., a bank consulting firm in Alexandria, Virginia. It's a ``very tense situation now,'' he said.

An announcement may come as early as 6 a.m. New York time, the person said. The bank said in an earlier statement it would present results starting an hour later.

The U.S. already injected $25 billion into the combined company to bolster it against the global credit crunch. Details of the aid package were reported earlier by The Wall Street Journal.

Bank of America told regulators in December it might abandon the takeover because of Merrill's worse-than-expected results. The government insisted the Merrill deal proceed because its collapse would renew turmoil in the financial system, said the people, who declined to be identified because talks are private.

Mizuho Financial to Name New CEO, Replacing Maeda

an. 16 (Bloomberg) -- Mizuho Financial Group Inc., the Japanese bank that posted Asia’s largest subprime-related losses, will name a new chief executive officer today to replace Terunobu Maeda, who has led the company since 2002.

The Tokyo-based lender will also name new CEOs of its two main banking units, spokeswoman Masako Shiono said by telephone. The appointments will be announced in a press conference at 11:30 a.m. local time.

Maeda, 64, will be replaced by Takashi Tsukamoto, the current deputy president of the group company, the Nikkei newspaper reported earlier, without saying where it got the information. Tsukamoto, 58, joined Dai-Ichi Kangyo Bank, one of Mizuho’s predecessor companies, in 1974 and became deputy president of the group company in June 2008.

Maeda has remained at the post “much longer than anybody expected,” said Stephen Church, a research partner at JapanInvest, a Tokyo-based research firm. “He has been a very active manager, but has a low profile.”

Mizuho Bank Ltd. CEO Seiji Sugiyama will be replaced by his deputy Satoru Nishibori, while Mizuho Corporate Bank Ltd. chief Hiroshi Saito will be succeeded by deputy Yasuhiro Sato, the Nikkei said. Maeda will probably become chairman of the group company, according to the report.

Subprime Losses

Mizuho, the second-largest Japanese bank by revenue, posted about 672 billion yen ($7.5 billion) in credit losses and writedowns tied to the collapse of the U.S. subprime-mortgage market on Maeda’s watch, according to Bloomberg data. The amount represents almost one-quarter of total subprime-related losses by Asian financial firms.

The company joined Mitsubishi UFJ Financial Group Inc., Japan’s biggest bank, and Sumitomo Mitsui Financial Group Inc. in slashing profit forecasts in October as the nation’s deepening recession fueled rising bad loans and tumbling markets eroded the value of their stockholdings.

Mizuho, which invested $1.2 billion in Merrill Lynch & Co. last year, has announced plans to raise 355 billion yen to shore up its balance sheet after net income plunged 71 percent to 94.6 billion yen in the fiscal first half ended Sept. 30.

The bank’s shares have dropped 47 percent in the past 12 months, the ninth-biggest decline among 84 lenders tracked by the Topix Banks Index. The shares rose 0.4 percent to 241 yen as of 11 a.m. trading break in Tokyo.

Maeda, a University of Tokyo graduate, joined Fuji Bank Ltd. in 1968. The company merged with Industrial Bank of Japan Ltd. and Dai-Ichi Kangyo in 2000 to form Mizuho, then the world’s largest bank by assets.

HSBC Sticks With China as RBS, UBS Sell Investments

Jan. 16 (Bloomberg) -- HSBC Holdings Plc, the biggest investor in China among global banks, is sticking to its bet on the world’s fastest-growing major economy as rivals sell out and analysts say the lender may need fresh capital.

Established in 1865 in Shanghai, HSBC has more than $12 billion invested in Chinese financial companies, including Bank of Communications Ltd. and Ping An Insurance (Group) Co. The London-based company has kept its holdings, while Royal Bank of Scotland Group Plc and UBS AG sold shares of Chinese lenders in the past month.

HSBC’s commitment to China, where it owns more branches than any foreign bank, may pay off should the country’s economy skirt the recession roiling the U.S. and Europe. The strategy also puts pressure on Chief Executive Officer Michael Geoghegan to come up with cash to cover a funding shortfall that analysts at Morgan Stanley estimate to be as much as $30 billion.

“China has got to be the right place to be in the longer term,” said Julian Chillingworth, chief investment officer at London-based Rathbone Brothers Plc, which manages about $21 billion and holds HSBC shares. “In the next five years, HSBC’s business in China is going to grow.”

HSBC fell 7 percent in London trading yesterday to the lowest in almost a decade. The stock has dropped 14 percent since Jan. 13, when Morgan Stanley analysts, led by London-based Michael Helsby, said HSBC may need to sell shares and cut the dividend by 50 percent to shore up its balance sheet.

Goldman Sachs Group Inc. today downgraded HSBC to “sell” from “neutral,” citing the deepening U.S. economic slump.

China Ties

Among HSBC’s Chinese investments is a 19 percent stake in Bank of Communications, the nation’s fifth-largest. The holding was worth $6.7 billion at yesterday’s closing price, after BoCom dropped 44 percent in the past year. HSBC also owns 16.8 percent of Ping An, China’s second-biggest insurer; 8 percent of closely held Bank of Shanghai; and 49 percent of a fund-management venture with Shanxi Trust & Investment Corp. Ping An and Bank of Communications shares aren’t subject to lockup restrictions.

While 55-year-old Geoghegan faces pressure to raise funds, he may balk at eroding ties with China, where HSBC was the first bank to win approval to invest in a local lender. The company bought its stake in Bank of Shanghai in 2001.

“A presence in China is core to HSBC’s strategy,” said Sandy Chen, a London-based analyst at Panmure Gordon & Co., who recommends clients sell the stock. “Beginning to signal a pullback from China is directly opposite to market perceptions of what makes a safe haven.”

‘Long Haul’

HSBC reaffirmed its commitment to China on Jan. 8, when the company said there are no plans to reduce its holding in Shanghai-based Bank of Communications. HSBC made the statement after Hong Kong billionaire Li Ka-shing sold a $511 million stake in Beijing-based Bank of China Ltd.

David Hall, an HSBC spokesman in Hong Kong, declined to comment on the bank’s other Chinese assets.

HSBC has “a very long-term view of China and wants to be here for the long haul,” said Cameron Odgers, a Beijing-based analyst at China International Capital Corp.

Paring the Bank of Communications stake would probably damage HSBC’s business in China, said Bonnie Lai, a Hong Kong- based analyst at CCB International Securities Ltd. HSBC is awaiting government approval for a planned credit card joint venture with Bank of Communications, and also wants permission to raise its holding in the Chinese lender beyond the regulatory maximum of 20 percent.

“If they sell this time, the likelihood of approval will be smaller,” Lai said.

Banks Cash Out

HSBC and BoCom have close ties, said Zhu Kepeng, head of Bank of Communications’s board office. The banks’ chairmen have met twice a year since 2003, and senior executives from the companies get together monthly, he said. Bank of Communications Chairman Hu Huaibang has met with senior HSBC managers, including Chairman Stephen Green, three times since taking the job on Oct. 10, Zhu said.

HSBC, Royal Bank of Scotland, Bank of America Corp. of Charlotte, North Carolina, Zurich-based UBS and Goldman Sachs in New York were among foreign banks that spent a combined $22 billion between 2004 and 2006 to purchase stakes in Chinese lenders.

The overseas firms touted the strategic nature of their investments and pledged to work with their Chinese counterparts on everything from risk management to information technology systems.

As the deepening global financial crisis coincides with the end of so-called lockup periods for their holdings, some banks are cashing out. Edinburgh-based Royal Bank of Scotland sold its $2.37 billion stake in Bank of China on Jan. 13, two weeks after UBS divested all its shares. Bank of America sold $2.8 billion of shares in China Construction Bank Corp. on Jan. 7.

Sticking with BoCom may produce longer-term benefits for HSBC, said fund manager Leo Gao.

“HSBC’s commitment won’t go unnoticed by the Chinese government,” said Gao, who oversees the equivalent of $2.3 billion at APS Asset Management in Shanghai. “They would be rewarded big in the future.”

Satyam May Take 3 Months to Restate Accounts, Delaying Bailout

Jan. 15 (Bloomberg) -- Satyam Computer Services Ltd.'s new auditors may take three months to clear up an alleged $1 billion fraud at India's fourth-largest software exporter, delaying access to government funds.

Satyam fell 32 percent today after the government said it has no plans for a bailout until the board seeks aid. Satyam won't know how much it needs until auditors confirm assets and assess how much clients owe, director Deepak Parekh said. ``The government doesn't bail out every sick company,'' he said.

The delay may restrict funding Satyam needs to convince customers including Nestle SA and Telstra Corp. to remain and help protect the Hyderabad-based company's 53,000 jobs. Satyam has lost 89 percent of its market value since chairman Ramalinga Raju said Jan. 7 he'd fabricated $1 billion in cash and assets.

``It will need a lot of convincing by the new management to make Satyam's clients stay,'' said Viswanathan Vasudevan, who helps manage $300 million at Aquarius Investment Advisors Pte. in Singapore. ``Any added uncertainty or delay in a rescue plan for the company may only lead to exits by customers.''

The government appointed three more directors today and said it may expand the board as needed later. Tarun Das of the Confederation of Indian Industry, T.N. Manoharan, a chartered accountant, and Suryakant Balkrishna Mainak of the Life Insurance Corp. of India joined three directors appointed last weekend.

KPMG and Deloitte Touche Tohmatsu were hired yesterday to restate Satyam's accounts. PricewaterhouseCoopers LLP's Indian affiliate said yesterday that its audit reports could no longer be relied on.

The Institute of Chartered Accountants of India has started proceedings against Satyam's auditor, Prem Chand Gupta, minister for company affairs, told reporters in New Delhi today

Money Owed

The extent of aid needed will depend on the money Satyam is likely to receive as payment from customers for work it has rendered, Parekh told Bloomberg. Satyam has 17 billion rupees ($347 million) of pending payments from clients, he said. The audit will take eight to 12 weeks, Parekh said.

``The company has not asked for any package, they may not need that,'' minister Gupta said.

Satyam is seeking executives to replace managing director Rama Raju and chief financial officer Srinivas Vadlamani. The executives and founder Ramalinga Raju will seek bail tomorrow after having been remanded to custody until Jan. 23.

Former interim Chief Executive Officer Ram Mynampati had asked the government to provide 1.5 billion rupees in assistance to help the company meet payments on health insurance costs for employees based in the U.S., Economic Affairs Secretary Ashok Chawla told reporters in New Delhi today. Mynampati served for less than three days before the government sacked the board.

Shares Decline

Satyam's shares fell 9.55 rupees to 20.30 rupees at the 3:30 p.m. local time close, while the benchmark Sensitive Index lost 3.5 percent.

Nestle, the world's largest food company and a Satyam client, said this week it is considering alternative solutions to avoid disruption of information technology operations. Telstra, Australia's largest telephone company, said Satyam's disclosure will be a factor when it cuts two out of its four major information technology suppliers this year.

Satyam, founded in 1987, has offices from the U.S. to the U.K., Brazil and Australia. The company writes software and manages computer systems for companies such as General Electric Co. and ArcelorMittal, the world's largest steelmaker.

Wednesday, January 14, 2009

BBVA’s Perez Samano to Sell Mexican Inflation Bonds

Jan. 14 (Bloomberg) -- Jorge Perez Samano, the biggest manager of Mexican peso-denominated bonds, plans to start selling his inflation-linked debt holdings next month as the government cuts energy prices to combat a deepening economic slump.

Perez Samano, who manages 480 billion pesos ($34 billion) at BBVA Bancomer SA in Mexico City, said he expects inflation to peak in January and slow to 4.5 percent by year-end. Annual inflation reached 6.5 percent in December, the highest in seven years, as a weakening peso drove up prices on imports.

“We may be getting out of our positions in the first few days of February,” Perez Samano, 52, said in an interview in his office in northern Mexico City. Bancomer’s biggest government- regulated pension fund held 33 percent of its assets in inflation-linked bonds as of November. Slowing inflation “could cause a drop in appetite” for the securities, he said.

President Felipe Calderon is increasing energy subsidies to put more money in consumers’ pockets, part of a stimulus package aimed at keeping Latin America’s second-biggest economy growing amid the global recession.

Yields on Mexico’s 5 percent inflation-linked bonds due in 2016 rose five basis points, or 0.05 percentage point, today to 3.62 percent, according to ING Groep NV’s local unit. The yield has fallen 2.48 percentage points since peaking at 6.1 percent on Oct. 24.

Rate Cuts

Calderon’s plan will allow the central bank to reduce its key lending rate by a half percentage point to 7.75 percent at a Jan. 16 policy meeting, said Perez Samano, who is head of asset management at Bancomer, Mexico’s biggest bank. His prediction matches the median forecast in a Bloomberg survey of 21 economists. A rate cut would be the first since April 2006.

Speculation the central bank will keep lowering rates through year-end makes Mexican fixed-rate bonds attractive even after a two-month rally, Perez Samano said. He predicts Banco de Mexico will cut the benchmark rate to 7 percent by December.

Yields on Mexico’s benchmark bonds maturing in 2024 have fallen 3.59 percentage points after reaching a 3 1/2-year high of 11.4 percent in November. The yield on Mexico’s medium- and long- term bonds may fall to as low as 7.4 percent in the first half of the year, said Perez Samano.

The yield on the 2024 bonds rose eight basis points today to 7.81 percent at 5 p.m. New York time. The price on the securities fell 0.79 centavo to 119.87 centavos per peso, according to Banco Santander SA.

Modelo, America Movil

Perez Samano said he has no plans to buy stocks soon after paring holdings in his government-regulated pension fund in December. His fund held 5.9 percent of assets in local stocks as of November, below the 7.9 percent average of the 18 funds in the pension fund system. The fund is the third worst in the pension system in the three years through November, according to government data.

Mexican stocks will keep declining over the next few months as the U.S. recession trims demand for the country’s exports and curbs investment and immigrant remittances, Perez Samano said. The Bolsa index has fallen 9 percent this year to 20,369.23.

“The Mexican Bolsa doesn’t have many drivers in the first quarter,” Perez Samano said. “Growth will be close to zero.”

Economists that cover Mexico are forecasting the economy will contract 0.1 percent in 2009, according to the average of 32 estimates in a central bank survey published last month. Gabriel Casillas, an economist at UBS AG in Mexico City, forecast yesterday that the economy will shrink 2 percent this year, compared with a previous estimate of 0.2 percent growth.

Perez Samano said he may start buying stocks if the Bolsa falls below 19,000. He listed Grupo Modelo SAB, the brewer of Corona beer, and America Movil SAB, Latin America’s largest mobile-phone company, as stocks he would be interested in.

News Analysis: Banks in Need of Even More Bailout Money

WASHINGTON — Even before word came on Tuesday that Citigroup might split into pieces to shore up its finances, an unpleasant message was moving through Congress and President-elect Barack Obama’s transition team: the banks need more taxpayer money.
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Ben S. Bernanke, right, said that the bailout program needed to pour more into banks that already received federal money.
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In all likelihood, a lot more money.

Mr. Obama seems to know it; a week before his swearing-in, he is lobbying Congress to release the other half of the financial industry bailout fund. Democratic leaders in Congress seem to know it, too; they are urging their rank and file to act quickly to release the rescue money. And Ben S. Bernanke, the chairman of the Federal Reserve, certainly knows it.

On Tuesday, Mr. Bernanke publicly made the case that one of the most unpopular and most scorned programs in Washington — the $700 billion bailout program — needs to pour hundreds of billions more into the very banks and financial institutions that already received federal money and caused much of the credit crisis in the first place.

The most glaring example that the banking system needs even more help is Citigroup. Though it already has received $45 billion from the Treasury, it is in such dire straits that it is breaking itself into parts.

Like many banks, Citi is finding that its finances keep deteriorating as the economy continues to weaken.

Even some of the bailout program’s harshest critics acknowledge that things most likely would be even worse without it, and that the bailout had accomplished its most important goal, which was to prevent a complete collapse of the financial system.

Since last September, no major banks have failed and the credit markets have thawed somewhat.

But analysts said the problems are still acute, if less apparent on the surface. Banks have received $200 billion in fresh capital from the Treasury since last fall and have borrowed hundreds of billions of dollars more from the Fed. But in the meantime, the economy fell into a severe downturn last fall that is likely to continue until at least this summer.

Industry analysts estimate rising unemployment and business failures will lead to another $500 billion to $750 billion of losses in coming months. That could bring total losses from the credit crisis to $1.5 trillion to $1.8 trillion, twice as high as earlier estimates.

Citigroup is not alone. JPMorgan Chase, Bank of America, Wells Fargo and most other big banks all expect enormous losses as millions of consumers default on their mortgages, credit cards and automobile loans. Other losses are expected on loans made to commercial real estate developers, small businesses and for highly leveraged corporate buyout deals.

Mr. Bernanke bluntly warned on Tuesday that the government would probably have to infuse more money into financial institutions in the months ahead.

“More capital injections and guarantees may become necessary to ensure stability and the normalization of credit markets,” Mr. Bernanke said in a speech to the London School of Economics.

Mr. Bernanke, tacitly acknowledging the unpopularity of the bailout program, said the public was “understandably concerned” about pouring hundreds of billions of taxpayer dollars into financial companies — especially when other industries were getting the cold shoulder.

But, he insisted, there was no escape. “This disparate treatment, unappealing as it is, appears unavoidable,” Mr. Bernanke said. “Our economic system is critically dependent on the free flow of credit.”

Mr. Obama and his economic team have assured Congress that they would use a sizable chunk of the new money from the Troubled Asset Relief Program to help distressed homeowners refinance mortgages and escape foreclosure. That would be a big shift from the Bush administration, which refused to use TARP for reducing foreclosures.

Lawrence H. Summers, Mr. Obama’s choice to head the White House National Economic Council, assured Democratic lawmakers in writing on Monday that the administration would use some of the money to help reduce foreclosures.

But Mr. Bernanke appears to be warning Mr. Obama and Congressional Democrats that most of the remaining $350 billion — and possibly more — has to go to shoring up banks if they are to resume lending at normal levels.

During the first three quarters of 2008, banks were able to raise enough capital to offset more than their hundreds of billions in losses by tapping the giant government bailout fund as well as some early private investors.

But that was only a stopgap.

“The capital raises finally caught up with the losses,” said Michael Zeltkevic, a partner at Oliver Wyman, a consulting firm specializing in the finance industry. “It doesn’t make the situation better, but at least we caught up.”

The new tidal wave of losses stems from the worsening economy and rising unemployment, and analysts say it will take several quarters before it peaks.

Regulators require banks to keep a healthy cushion of capital. But this time around, the banks are struggling to plug their deepening holes. Private investors are scarce. For all but a small group of healthy banks, bankers and analysts say, the government may be the only investor left.

“Most banks are going to be in a defensive posture,” said Christopher Whalen, a managing partner with Institutional Risk Analytics. “You are probably not going to see the industry expand its overall balance sheet until 2010 or 2011.”

Mr. Obama’s economic team is planning a broad overhaul of the program to impose more accountability and more restrictions on executives at companies that receive government money.

Policy makers are also looking at reviving the original idea of TARP — have Treasury buy up unsalable mortgage-backed securities from financial entities.

Henry M. Paulson Jr., the Treasury secretary, had dropped the idea, concluding it would be more efficient to inject capital directly into banks by buying preferred shares.

Mr. Bernanke revived the idea, along with several other approaches, in his speech in London. So did Donald L. Kohn, vice chairman of the Federal Reserve, in a hearing on Tuesday before the House Financial Services Committee. He suggested the Treasury could buy the unwanted securities directly, or set up special banks to buy them.

Some analysts, even those who agree that the government needs to prop up the banking system with more taxpayer money, were skeptical about TARP.

Adam S. Posen, deputy director of the Peterson Institute for International Economics, said that the Bush administration had been right to inject capital into banks but wrong in not pushing banks hard enough to fix their problems or accounting.

“The problem isn’t that we’ve wasted money,” Mr. Posen said. “The problem is that we’ve put too few conditions on the banks.”