Stress Tests for Wall Street -- What About the Billions in off-the-Books Toxic Assets?

This report was produced in collaboration with American News Project.

At the center of President Obama's overhaul strategy for Wall Street are the "stress tests" which will be applied to all financial institutions. But how accurate will the test results be? That will depend on whether the treasury takes off-balance-sheet assets into account, experts say. Back in February, in the House Financial Service Committee, when asked a question about the value of Citigroup's assets, CEO Vikram Pandit provided a less-than-clear response: "It's an extraordinarily difficult question."

Click the video below to WATCH the exchange between Rep. Louis Gutierrez (D-IL) and Vikram Pandit.

Rob Weissman, director of the corporate watchdog group, Essential Action, and author of a new report called Sold Out: How Wall Street and Washington Betrayed America, said that, in addition to what Pandit said, there's an additional factor that could fog the test results: off-the-book assets.

"If you don't include the off-balance sheet assets in the stress test, then it's not a legitimate stress test," Weissman said. "It's pretty plain that the off-balance-sheet operations are a central part of the story of why we don't know what the banks own." The Treasury Department declined to comment on whether they would take off-book-assets into account when running the stress tests.

Weissman says that recipients of bailout money, like Citigroup, Bank of America and JP Morgan, have been engaging in "fanciful accounting" of what they owe and what they own by relocating of their less-than-healthy assets off the books, in shadow corporations. Rep. Brad Sherman has described the process as, "apples on one balance sheet and oranges on another."

According to RGE Monitor, off-balance-sheet operations have skyrocketed over the last 15 years. From 1992 to 2007, on-balance-sheet assets grew by 200 percent, while off-balance-sheet assets grew by 1,518 percent. In 2007, it was estimated that there was 15.9 times more money parked in off-balance-sheet operations than in on-the-book operations. Not all off-book assets are toxic. Some financial institutions might park assets off their books if they are planning, for instance, to sell them. However, in rough economic times, off-balance sheet accounting allows banks to veil their losses from investors, regulators, and even insiders.

"This turns out to be a really important benefit [for a bank] if it happens to be insolvent," Weissman added. "And many believe that if you total Citigroup's assets and liabilities, it is insolvent."

As of July, Citigroup appeared to have the most off-book assets -- an estimated $1.1 trillion. But they aren't alone. As of July 2009, JP Morgan Chase & Co. had more than $400 billion off their books. Bank of America had $48.2 billion off the books before it bought Merrill Lynch. "If you start adding up all the potential exposures, it's a huge number," Sam Golden, former ombudsman for the U.S. Office of the Comptroller of the Currency, told Bloomberg. "The banks will say that it was disclosed. Investors are saying, 'Yeah, but it was cryptic.'"

Disclosure rules for off-balance sheet operations are notably less strict than those for assets on the books. Neri Bukspan, chief accountant for Standard & Poor's told Bloomberg, "A lot of information tends to disappear."

The use of the off-balance-sheet assets was a core part of the Enron scandal, where they were able to wrap debt inside of debt, using obscure corporations, so no one could track what they owed and what they owned. After the Sarbanes-Oxley Act of 2002 was set in place, there were efforts to address the problems with off-book assets. But after heavy lobbying by two main trade groups, the Securities Industry and Financial Markets Association and the American Securitization Forum, banks were given special exemptions.