As I understand it you are exactly right. It is illegal for the Fed to purchase treasuries directly. But I’ve seen at least one article on ZeroHedge that showed the Fed was purchasing many of them within 3 hours of issuance from dealers which could be shown by the (serial?) numbers. There have been similar articles on Seeking Alpha.
Professor Antal Fekete, who I believe is an Austrian economist, though perhaps an offshoot from the beliefs of the von Mises Institute, wrote the following in his Open Letter to Ron Paul to Impeach Bernanke:
“…Another thing the Fed is not allowed to do legally is to
purchase Treasury paper from the U.S. Treasury directly. It must be purchased
indirectly through open market operations. If you don’t put the Treasury paper
through the test of the open market before the Fed is allowed to buy it, the
presumption is that the market would reject it as worthless, or would take it only
at a deep discount. The law does not allow the F.R. banks to purchase Treasury
paper directly from the Treasury because that would make money creation
through the F.R. banks a charade, reserve requirements a farce, and the dollar a
sham…”
Sarel Oberholster, another Austrian economist, I believe, (I’m an economist by training, a financial engineer by talent, a banker by profession, a trader by interest and a father by chance.), had written an article on “The Independence of the Fed” in which he concluded:
“…the Fed must be seen as controlled by Federal Government, indivisiably part of Federal Government. The pretence of independence is no more that that, a pretence.”
I sent him an email with a copy of Fekete’s open letter asking for his opinion on it. He was kind enough to reply, relevant portions of which are reprinted below:
I have read the “open letter” but the argument is not clear to me… Thus it would be a challenge to argue that the Central Bank has no right to purchase government stock outright.
The much promoted “independence” of the FED is supposed to be the inherent protection against the Fed abusing its ability to create money to fund government stock purchases in a closed loop between the FED and government. QE2 has been carefully designed to avoid outright purchases of government stock on initial issue thus avoiding the closed loop and Fekete cannot attack them on that basis. Bernanke carefully explained that the FED will purchase bonds from the market, i.e. secondary market purchases and though this is interpretation of its legal framework with generous latitude and achieves the same effect as direct purchases from government, I suspect it is technically within the powers of the FED.
The clever part was exactly to use the very cost inefficient secondary market purchases to achieve the QE2 objectives to circumvent the charge as Fekete attempts. It is actually better for taxpayers and savers that the FED to do a direct purchase in a closed loop as the manipulation via secondary purchases means that primary dealers are handed freebie profits and margins with the sale and repurchase of bonds taking place via them. Such freebie comes at the expense of taxpayers and savers.
This is exactly why the pretend “independence” is harmful. It fails to give protection and in fact does the very opposite of its purpose as it empowers political abuse without consequences or controls.
Fekete does not understand financial engineering and QE2 is pure financial engineering to legally achieve all the purposes that the FED and government desired. Using SPV, SPI or similar entities to achieve the independence is equally pure financial engineering. Almost everything about the FED is financial engineering to disguise the very simple mode of operation, creating money to suit the purposes of government.
Dr. Chris Marenson, author of “The Crash Course”, had a couple of articles detailing some of the tricks it appeared the Fed was using to monetize the debt via things like swapping debt with foreign governments etc., though that probably isn’t quite as relevant as the recent ZeroHedge article about how they’re rather blatantly getting primary & secondary dealers to buy treasuries for them and then selling them to the Fed within hours for a quick profit. But anyway, if interested here are two of his articles: *The Shell Game - How the Federal Reserve is Monetizing Debt *and The Shell Game Continues…