MS, technically speaking, is classified as
insolvent based on mark-to-market valuation. By selling off non-core assets, MS has been
able to “reduce its European exposure” through the manipulation of hedge
funds and allocation of funds to failing financial corporations. Some
mainstream media outlets tout that the Federal Reserve Bank will come in
and assist MS in their insolvency and that MS “just isn’t going out of
business anytime soon.”
However, on the bond market, MS is being
treated like “a junk-rated company.” Moody’s the rating agency that sells their
ratings to whomever will pay for a triple A score, have announced they
will downgradge MS’ ratings which would put all US banks at risk.
Otis Caset, director of credit research at Markit confirms: “What has
driven that, obviously, is Europe. The perception is — correctly or
incorrectly — that Morgan Stanley is one of the U.S. banks most exposed
to Europe’s problems.”
The SMG ruling
means that the Federal Deposit Insurance Corporation (FDIC) and Securities
Investor Protection Corporation (SPIC) regulatory systems will not
insure customer funds, investments, depositors and retirees who hold
accounts in banks.
In fact, the banking institution is now legally allowed to use those
customer funds deposited as collateral, payment on debts for loans made,
or free use on the stock market to purchase investments as the bank
sees fit.
When a customer deposits money into a bank, the bank issues a
promise to have those funds available when the customer returns to withdraw the deposited amount.
With the SMG ruling, those funds become property of the bank once
they are deposited. If the bank is insolvent, under duress or filed
bankruptcy, those customer deposited funds can be co-mingled with the
bank’s funds and used for the purposes of the bank without recourse to
the customer.