Thursday, April 29, 2010

Goldman’s public purpose and problems with the Abacus deal

This is a guest post on the blog "Naked Capitalism." If you've been following the SEC v. Goldman Sachs, then this post will help explain some of the issues behind the Commission's case.


Goldman’s public purpose and problems with the Abacus deal: "

This is a post I wrote earlier today at Credit Writedowns.


As I said yesterday, investment banks are institutions which do fulfil a useful role in society. I would define their role as companies where large institutions and governments receive financial advice and raise capital. Goldman Sachs is an investment bank. As such, Goldman must offer financial advisory services, capital markets origination, and secondary market support to maintain an orderly market in the markets in which it originates deals. That is what a full-service investment bank does and has always done.


In my view, the advisory business and the sales and trading functions are black and white issues.


Advisory Business


When Goldman gives financial advice to a client and executes a transaction or deal on the back of this advice, it must do so only in the best interests of the client. There are no ifs ands or buts here. The client comes first. I went into the moral and ethical obligations in my post "Inside the mind of an investment banker: Greece, Goldman and derivatives," so I will let you read that post to get a full picture there. I will just reiterate that this is a black and white issue. You simply cannot execute transactions or do deals that you know are not in your client’s interests. Full stop.


Sales & Trading


On the sales and trading side, Goldman Sachs is a market maker. That means their traditional role is to buy and sell securities principally to facilitate liquidity in the market. They are not a principal actor in this regard. As such, caveat emptor applies to their counterparties. Goldman is under no obligation to reveal its positions to counterparties in the market it makes. In fact, doing so compromises a firm’s ability to make a market. If you want to do a trade, Goldman’s only obligation is to show you a price because that’s what broker/dealers do. Lloyd Blankfein said as much in his Senate testimony. I see this as a black and white issue. They have no obligation to reveal their positions. Full stop.


Capital Markets


Then there is origination, an area where I have worked. Origination is what many firms call their ‘Capital Markets’ group. Here is where the problems begin because the origination groups are at once advisors and market-makers in their function. Your role as Capital Markets professional is to originate equity, debt, or structured product (derivative) deals for institutional clients, sell those deals to ‘buy-side’ clients, and to make a market in those instruments in the after market.


So, the capital markets guys must do deals that are in the best interests of the institutions, originating those deals. But, do they have an obligation to inform ‘buy-side’ clients of the pitfalls of those deals? Yes. 100%. This is where the problems lie in the Abacus AC1 deal that is the subject of alleged fraud. This was not a deal without a client. Paulson was the client. The synthetic CDO never would have been created had Paulson & Co. not asked for its creation. Goldman originated this Abacus deal at the behest of its institutional client, Paulson & Co. Therefore, Goldman’s obligation in the deal was to structure a deal which was in Paulson’s best interest.


The problem, therefore, is that in originating this transaction, Goldman was obligated to disclose to its initial buy-side clients what Paulson’s role in the deal was. Goldman was not selling a structured product without a client nor was it making a market in a security already originated. It was originating a deal purposely put together for a specific institution, Paulson & Co.. If Goldman did not fully disclose Paulson’s exact role – and all indications are it did not – then, at a minimum, it was not fulfilling its public purpose. The SEC has indicated this goes further – to fraud i.e. making ‘material’ misrepresentations to its buy-side clients and the company structuring the deal.


Proprietary Positions


Moving to a different track, let’s talk about ‘proprietary trading’ and the Volcker Rule for a second. What is novel in financial services is what is known in the business as "risking one’s own capital as a principal." Every major bank now is not just in the business of servicing clients in the ways I described above but also in making money as a principal actor.


This began during the 1980s when firms would risk their own capital in making bridge financing to corporate raiders like Carl Icahn during the Predator’s Ball days. One reason investment banks became so leveraged is that commercial banks had a natural advantage in this business due to their enormous balance sheet. So you saw firms like UBS, Deutsche Bank and JPMorgan muscling their way into mergers and acquisition and origination via this channel.


At some point, the banks realized that deregulation meant they didn’t have to risk their capital just for other people. They didn’t have to do deals where the profit accrued only to their clients. They could become principals, taking what they deemed to be prudent risks for their own benefit. In essence, the banks all became hedge funds and private equity groups, often competing with their clients for business.


Now, the capital markets business already presents an ethical dilemma because of the opportunity for duplicity i.e. flogging off garbage as AAA to sell-side clients just to make a buck. This goes as far as getting bad assets off the bank’s balance sheet and sticking it with buy-side clients.


But, proprietary activity raises the potential conflicts to a new level by pitting a potential client against the bank for the very same business. The bank goes from market-maker or advisor to rival who cannot be trusted. This is why the Volcker Rule has been posited. The goal of the Volcker Rule is to fashion a way to separate these proprietary activities which are replete with conflicts of interest from the more public purpose role of banks. I don’t think the legislation based on the rule drafted makes a lot of sense given how difficult it is to define what a proprietary trade is. But the concept is grounded in the knowledge that these conflicts of interest pose a risk to the financial system.


My own view is that none of this will be resolved because banks make too much money in proprietary activities. They will lobby Congress until they get legislation more palatable to their interests. Only when the financial system does collapse will Congress be forced to turn away from the banking special interests. And at that point, with populist fervour against banks much greater than it is today, much more draconian remedies will be in store.


Of course, between now and then, there will still be a lot of money to be made by individual bankers.

"

Wednesday, April 28, 2010

Will Greece's fall change the current world order?

Default scares are spreading through Europe and current predictions suggest there is little, if anything, that the IMF can do about it. Germany will offer some help, but politically it is limited to what it can offer. Think about this, what do you think Americans would say if they were asked at this point to loan $54 billion to Canada, $120 billion to Mexico, and $475 billion to Argentina? NO WAY!

At this point I'm not sure if Europe has the political capital to supply these three countries with the money necessary to save them. Maybe if the IMF maxed out its contribution the rest of Europe could cover the tab, but even that is not clear. Any organized bailout would probably require a combined effort from Europe, the IMF, the U.S. and at least some of the BRIC (Brazil, Russia, India, China) countries.

Watch to see if Russia and China get into the fray. Both would love to exert greater influence in Europe (particularly as leverage against the U.S.). And what better way to exert influence then to own a portion of Europe.


From Washington's Blog: Greek 2 Year Yields 20 Percent, Italy Up 6 Basis Points, Portugal Up 7 Basis Points, Spain Up 27 Basis Points: "

It's not just Greece and Portugal.
As Simon Johnson reports:
This is not now about Greece (with 2 year yields reported around 20 percent today) or Portugal (up 7 basis points) or even Spain (2 year yields up 27 basis points; wake up please) or even Italy (up 6 basis points). This is no longer about an IMF package for Greece or even ring fencing other weaker eurozone economies.
This is about the fundamental structure of the eurozone, about the ability and willingness of the international community to restructure government debt in an orderly manner, about the need for currency depreciation within (or across) the eurozone. It is presumably also about shared fiscal authority within the eurozone – i.e., who will support whom and on what basis?
(In related news, Eurozone sovereign credit default swaps widened somewhat Tuesday, but tightened again after the German finance minister said that Germany will rush through a disbursement of funds to Greece.)

Standard & Poor's downgraded Spain's sovereign credit rating today from AA+ to AA, after recently slashing Greece's rating to junk and lowering Portugal's rating two notches from A+ to A-.


David Rosenberg notes:

Portugal’s stock market has traded down to a 12-month low and it’s so bad in Greece that the government has banned short selling for two months. (Hey, it worked in the once-capitalistic U.S.A. didn’t it?) We see in the NYT that Barclay’s analysts believe that Greece needs €90 billion to see them through, €40 billion for Portugal and €350 billion for Spain!That is €480 billion of refinancing help, which dwarfs the latest €45 billion EU-IMF joint aid announcement by a factor of TEN (according to Ken Rogoff, the IMF is maxed out after €200 billion)! Do euros grow on trees as fast as Bernanke-bucks? Would the ECB, modeled after the Bundesbank, ever resort to the printing press for a fiscal bailout? Where exactly is this money going to come from?

***

Yesterday was really as much, if not more, about Portugal than it was about Greece. Contagion risks are spreading as they were amidst the turmoil around Bear Stearns in early 2008 ...

[Spain's] combined fiscal and current deficits are the highest in the industrialized world, save for Iceland (and we know what shape it is in). The amount of debt it has to refinance in the coming year is as large as the entire Greek economy ...

***

If the other two major rating agencies follow S&P’s lead and cuts Greece to “junk”, then the ECB would be in a real bind for it cannot hold below-investment-grade bonds on its balance sheet. If the ECB does accept junk-rated Greek debt as collateral, then the sanctity of its balance sheet will be seriously undermined; though this ostensibly didn’t matter too much to the Fed in the name of saving the system.
It is tempting to assume that this is just a Eurozone problem.

But that might be a very erroneous assumption. See this, this and this.

"

S&P Downgrades Spain

First Greece and Portugal, and now Spain. The bad news keeps coming from Europe.


S&P Downgrades Spain: "

S&P cut Spain’s long term rating to AA today with a negative outlook. From Bloomberg:


S&P said in a statement today that the outlook on Spain is negative, reflecting the chance of a possible further downgrade if the “budgetary position underperforms to a greater extent than we currently anticipate.” Spain was last cut by S&P in January 2009.


The risk premium investors demand to hold Spanish bonds surged to the highest in more than a year today and the price of insuring Spanish bonds against default reached a record as doubts about Greece’s ability to pay its debt spilled over into Spanish and Portuguese markets…


“We now project that real GDP growth will average 0.7 percent annually in 2010-2016,” S&P said.


From the Wall Street Journal:


The ratings agency said that the Spain is likely to have an extended period of subdued economic growth, which weakens its budgetary position. The move sent equities in Spain the U.S. broadly lower, while the euro fell back to a one-year low against the dollar of $1.3131….


In addition, S&P took into account the possibility that Spanish public and private sector borrowing costs could remain elevated this year and next and further slow Spain’s recovery from the current recession.


S&P warned that “additional measures are likely to be needed to underpin the government’s fiscal consolidation strategy and planned program of structural reforms.”


Main factors dampening Spain’s medium-term growth prospects include private sector indebtedness, which S&P estimates is higher than that of many of Spain’s peers, as well as high unemployment, a fairly low export capacity, and an unwinding of the government’s fiscal stimulus as part of its current efforts to reduce general government deficit to 3% of GDP by 2013.

"

Ka-Boom: Yield on Greek two-year notes increases

The Greek economic bomb just exploded. Investors have completely abandoned any hope that Greece can make it on its own. Either the EU/IMF needs to take drastic action or Greece is going to default within two weeks.

How bad is it getting, Greece is viewed as worse than Pakistan, and some are saying it will need a bailout of up $100 billion (with a big "B"), see here. That's nearly double the initial estimate of $59 billion.

Yield on Greek two-year notes increases: "From Bloomberg: Stocks Drop as Sovereign-Debt Crisis Spreads; Greek Bonds Slump
[Y]ields on Greek two-year notes jumped to a record 26 percent ... The yield soared almost 600 basis points at one stage today. Ireland’s jumped 90 basis points to 4.64 percent, Portugal’s increased 93 basis points to 6.24 percent and Spain’s rose 20 basis points to 2.26 percent.
The IMF, ECB and German officials are meeting today. They have scheduled a press conference at 9 AM ET, to be followed by a press conference with German Chancellor Angela Merkel at 10:45 AM ET."

Tuesday, April 27, 2010

Raj Date on Resolution Authority, Conservative Arguments on Bailouts

There are two things I would like to point out about this post.

First, the article is much more detailed and more in depth than this post. In my opinion, this is the best article I've read about the proposed Dodd Bill and the effect it would have had on the 2008 crisis (P.S. it also hints at how close Goldman Sachs was to defaulting).

Second, I want to reieterate the irony in the Republican party's current position. The GOP is arguing that this bill would legitimize the "to big to fail" mentality of the big financial institutions. Does the GOP really take the American public for a bunch of fools. Deregulation and other GOP sponsored theories allowed much of the crisis causing behavior. And it was a GOP President and Treasury that provided the 2008 bailouts (although the Democratic Congress is also responsible). How quickly the GOP has forgotten its previous posturing on financial reform.

 
 

Sent to you by Bo Howell via Google Reader:

 
 

via New Deal 2.0 by Mike Konczal on 4/27/10

First up, Raj Date has a new paper out, titled: The Killer G's: Resolution Authority, Financial Stabilization, and Taxpayer Bailouts. It's definitely worth your time, as it explains how, if the Dodd Bill was in place in January 2008, our response to the Killer G's - Goldman Sachs, GMAC and GE Capital - would have gone differently. It's great on the topic, and pulls back to show the three types of bailouts we are worried about and what the bill does well and doesn't do well. Highly recommended if you want to learn more.

The Bailout We Just Had

Second, we need to talk about if there are bailouts in the Dodd Bill because conservatives are not going to let this go. But before we dive into that, here's what is incredibly important to remember: the major, serial bailouts of 2008 were not the result of some unelected, socialist technocrats hidden away in a government basement somewhere exploiting a loophole. They were the results of GOP-appointed Hank Paulson, GOP-appointed Sheila Bair and GOP-appointed Ben Bernanke, all with the support of a Bush White House-sponsored EESA going to Congress and asking that an emergency bill be passed to allow for TARP.

The Dodd Bill cannot stop this. If this all happens all over again, and it could, there's nothing in this bill to stop GOP Team Paulson et al Version 2.0 from going to Congress and demanding more money for the financial system. Congress can always pass new laws in an emergency, even if it means overturning old laws. The only way to stop this is through prudential regulation on the front end and a resolution mechanism that is earlier and reduces uncertainty on the backend, which the Republican oppose, or by dramatically shrinking the size of the largest and most risky firms, segmenting business lines to de-risk critical infrastructure from that which can fail with less damage, and/or bringing some of the more dangerous business lines like derivatives into market-based sunlight.

The Republicans oppose all that too. I'm not trying to be a jerk - I actually read the GOP House Bill on Financial Reform and there's nothing in it that does any of that. When the Senate GOP drops their version I imagine it will look the same - let's just redo the problem with more bankruptcy law.

I've never really heard of this working and it's predicated implicitly on the conservative's argument that Lehman's bankruptcy wasn't that big of a deal (an argument that usually gets demolished by the blogosphere whenever it peeks its head). But if Keith Hennessey or other Bush administration officials who oversaw the bailouts would like to argue that in retrospect their mistake was to not do an overnight bankruptcy law change and force AIG and Bear into a bankruptcy court, and that the economy would be better off for it right now had they done so, I really hope they make their case. I'd really want to read it.

Is There a Bailout in Resolution Authority?

With that in mind, section 210(b)(4)(B) of the Dodd Bill is being called out as the bailout provision conservatives are alluding to as allowing extra payments to certain creditors. See, for instance, Nicole Gelinas, and I think this provision is what is being alluded to in this unsourced accusation by Phillip Swagel. I'm going to kick it to Raj's paper:

4.1.3 Removing moral hazard

The mere existence of a special resolution regime for certain large firms, and not others, could in theory create its own difficulties. Orderly liquidation almost certainly preserves more franchise value than an uncontrolled de-leveraging followed by bankruptcy. Absent counter-measures, that would create a perverse preference by creditors to lend to the largest and most systemically risky firms, like Goldman, as opposed to smaller rivals.

In light of that risk, the Senate Bill crafts a strikingly punitive resolution regime. The Bill requires that the FDIC, as receiver, act "not for the purpose of preserving the covered financial company"; ensure that shareholders are paid only after all other claims are paid; require that unsecured creditors bear losses; and terminate "management responsible for the failed condition".

Crucially, the Bill also sets out a cap on the amount that a creditor can receive from the resolution of a systemically important firm. No creditor can receive more than it would have received in a regular-way chapter 7 bankruptcy liquidation.(23) Creditors cannot be better off because of the existence of the resolution authority. Thus, the Bill effectively severs the potential feedback loop from the existence of a special resolution regime to moral hazard among creditors.

(23) - Id. at section 210(d)(2). Note that this maximum recovery also serves as a minimum recovery in those instances that the FDIC wishes to use its discretion to pay certain creditors more than similarly situated creditors, to minimize aggregate losses. In other words, the FDIC can preferentially pay a creditor, but only if similarly situated creditors are at least receiving what they would have received in a chapter 7 bankruptcy. Id. at section 210(b)(4)(B).

The repayment waterfall specifies that taxpayer money has to get returned before creditors get paid. If some creditors are paid more than similarly situated peers it can only occur if those peers get at least what they would have gotten in liquidation which occurs only if, by definition, the FDIC has already gotten its money back too. Not a bailout.

And as Raj points out in his conclusion, the real worry is twofold - that Federal Reserve expanded access to healthy firms in a crisis will disproportionately benefit larger and riskier firms, and that regulatory forbearance (that regulators will not want to pull the trigger to close a firm that is gigantic and has a huge political presence) hasn't really been solved by this bill. These are the real problems outstanding with the current sense of resolution authority, and would make for an excellent debate on the floor.

Mike Konczal is a fellow with the Roosevelt Institute.


 
 

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S&P Downgrades Greece and Portugal

Greece has just entered a free fall and taken Portugal with it, although they only have themselves to blame. This downgrade along with souring investor confidence in Greece and Portugal is certain to lead to the first major soveriegn defaults of the 2008 Recession. In other words, the global economy is in for another shake-up. Prepare your emergency shelters because who knows where this one is going.

 
 

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via Calculated Risk by CalculatedRisk on 4/27/10

From MarketWatch: S&P cuts Greece ratings to junk status
Standard & Poor's said Tuesday it cut Greece's ratings to junk status. The ratings agency lowered the long-term sovereign credit rating on Greece to BB+ from BBB+. The outlook is negative.
From CNBC:
S&P downgraded its rating on Portugal's debt by two notches to A-minus.

 
 

Things you can do from here:

 
 

Bad news getting worse: "Yield on Greek Two-Year Bonds jumps to 13.5%"

As posted by Calculated Risk, the spread on Greece notes continues to rise despite the "reassurance" from the Greek government, the IMF, and the European Union. At this point it appears Greece is definitely going to default unless the European Union completely bails out the Aegean nation. I doubt this will happen.

 
 

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via Calculated Risk by CalculatedRisk on 4/26/10

From the Financial Times: Greek bond markets plunge again
The yield on two-year Greek government bonds ... jumped 3 percentage points ... to close at 13.522 per cent.

This is the highest yield on short-dated government debt in the world ...
excerpt with permission
This is now higher than Venezuela at 11%.

The yields jumped for some of the other PIIGS too (Portugal, Ireland, Italy, Greece and Spain). For Portugal the two-year yield increased more than 3/4 of a point to 3.98%.

 
 

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Friday, April 23, 2010

Keeping the CDO Machine Rolling

This post from Naked Capitalism explains how CDOs infected our economy in a short amount of time without warning. Basically, the banks created a complex cycle in which they and their counterparts made a ton of money on phantom fees while vomiting huge amounts of risk into the economy.

 
 

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via naked capitalism by Yves Smith on 4/22/10

By Tom Adams, an attorney and former monoline executive, and Yves Smith

Despite extensive credit crisis post mortems, many of the widely accepted explanations of what happened are at odds with facts on the ground. These superficial explanations are hard to dislodge because they tally with widely held beliefs about how the real estate and securitization market operate. The waters have been muddied even more by self-serving PR from various market participants.

The consensus reality of the credit crisis appears to be: it was the result of a complex combination of factors, no one can be blamed all that much (save maybe greedy borrowers and complicit rating agencies) and almost no one saw it coming.

We've argued that many of the arguments that support that view are myths. In particular, the more we have dug into the CDO market, the more we are convinced that it was central to the crisis. Furthermore, we believe that this market did not operate on an arm's length basis, that many of the practices that were widespread in the industry amounted to collusion.

Collusion and resulting price distortions serve as the most likely explanations for behaviors that are consistently glossed over in the consensus accounts of the crisis. By early 2006, many mortgage market participants felt that the housing market was overheated and unsustainable. Many felt that mortgage rates should be higher, but despite interest rate tightening by the Fed, mortgage rates were not increasing. Even more distressing, credit spreads remained narrow despite widespread concerns that mortgage risk was increasing and deals were weakening.

Many economists and academics described this as a conundrum at the time and tried to come up with theories to explain it, none of which were terribly satisfying. None of them looked at a more likely culprit – the securitization market and, specifically, the CDO market.

CDOs distorted the mortgage market because they undermined the normal processes for pricing risky assets. For subprime debt, demand for the lower rated tranches had served to constrain market growth. If investors started to shun the BBB to AA rated tranches of subprime mortgage bonds, dealers were not willing to retain them, no new deals would be sold, and the market would need to find better quality mortgages or grind to a halt. But CDOs were the dumping ground for these tranches. A 1990s version of mortgage-related CDOs proved ultimately to be a Ponzi scheme (unsold risky CDO tranches were rolled into new CDOs), but even then, that CDO market imploded early enough that the damage was comparatively minor.

This time, the CDO market distortions were more significant and wide-ranging. In particular:

1. Demand for CDOs came not from long investors, who would be concerned about credit losses, but primarily from (a) short investors who wanted to bet aggressively against the housing market and needed a tool to allow them to do so without disclosing their real intentions (b) investment banks who created the CDOs so they could generate fees and bonuses by putting the CDO bonds in their trading portfolios (negative basis trades) and off balance sheet vehicles (SIVs) without regard to risk and (c) correlation traders who were indifferent to credit risk

2. The normal mechanisms for pricing risk were upended because of manipulation of the demand for mortgage and CDO bonds by a consortium of banks and CDO managers who masked the real appetite for the bonds and fabricated pricing for the bonds

3. By creating the illusion of demand for the mortgage and CDO bonds, the CDO managers and arranging banks operated under a well disguised conspiracy that allowed a massive housing bubble to be created which only exploded when the shorts became impatient for realizing their gains.

If traditional cash investors and insurers were avoiding the mortgage securities market, who was driving the yields and spreads lower? Many industry participants agreed that the "CDO bid" was distorting the market.

The mechanism was the CDO managers, who assembled the assets for cash or hybrid deals (ones like Magnetar's that used a combination of mortgage bond tranches and credit default swaps). They were effectively extensions of investment banks, dependent on substantial credit lines from them. Perhaps more important, it appears that many of the larger CDO managers bought much, perhaps all, of the AA to BBB tranches of entire subprime mortgage bond issues to be placed into CDOs. Having a single affiliated party take down the riskiest layers of subprime deals means that normal arm's length pricing was not operating, and the profit potential of CDO issuance, rather than investor demand, was driving the market.

Consider this series of interconnected transactions:

A "sponsor" indicates an interest in creating a CDO to an investment bank. In combination, the sponsor and the bank would select the CDO manager who would buy the mortgage bonds for the CDO at start up and oversee the portfolio after closing. The sponsor would typically provide the CDO manager with an investment objective and find a manager that could achieve these aims.

Since the CDO deals were typically over a billion dollars, the CDO manager didn't usually have the capital to purchase the mortgage bonds. As a result, the investment bank for the deal would offer the manager a line of credit to use to purchase the bonds that the manager selected. When the CDO closed, the CDO would repay the line of credit.

The bank for the CDO would not offer the line of credit to a thinly capitalized CDO manager casually. They were sure to get an attractive rate of interest plus a security interest in the bonds being financed to protect them in case the CDO manager ran into trouble. In addition, the CDO manager would work hard to find investors in the CDO to pay of the loan from the investment bank.

Many CDO managers were repeat issuers and many had a fairly systematic approach to how they covered the market. For instance, in a particular period, a CDO manager might be responsible for a mezzanine deal and a high grade deal or two. This would mean that the CDO manager had multiple lines of credit active

This execution strategy meant that the CDO manager had significant capital at its disposal for the purpose of buying mortgage bonds. Normally, the process of bidding on newly issued mortgage bonds while trying to meet the eligibility criteria of the proposed CDO transaction can be timing consuming and arduous for the CDO manager. The clever ones with more influence and access to generously termed lines of credit, could use their capital to tremendous advantage. Rather than face the competition of multiple bidders on a particular bond of a new mortgage deal, the CDO manager, armed with multiple upcoming deals and lines of credit, could offer to buy the entire stack of subordinated bonds that the issuer was bringing to market: BB all the way up to AA. This would be very attractive to the issuer, since it made it easier to get his deal sold. It was attractive to the CDO manager, since they could slot the bonds into both their mezzanine deal and their high grade deal at the same time, saving them a considerable amount of work. In addition, it could be very attractive for the bank on the mortgage transaction, particularly if they were the same bank that was issuing the CDO. A bank that knew it would be able to sell its mortgage deal and supply bonds to its CDO deal at the same time would take comfort that it was not terribly exposed to market risk.

One additional feature that some CDO managers might employ is to have a line of credit established for an upcoming CDO squared. A CDO-squared is made up of other CDO bonds, rather than MBS bonds. Putting aside how ridiculous the concept sounds now, this type of deal served a tremendous importance at back in 2006 and 2007. Since the riskier tranches of a CDO were more expensive to the issuers and harder to place, a CDO manager who knew that he had a home for these slices of his upcoming mezzanine or high grade CDO could certainly sleep easier. If managed properly, a CDO manager working with a friendly bank could pre-place the all of the sub bonds for a number of mortgage deals into their mezzanine and high grade deals and also pre-place all of the sub bonds from their mezzanine and high grade deals into a CDO squared transaction.

This example illustrates that pricing was often not based on market demand. Is there any real price discovery if one buyer (the CDO manager) is snapping up all of the risky tranches from a mortgage deal, and the bank on the mortgage deal is the same bank on the CDOs where the bonds will end up? Similarly, if all the risky tranches of a CDO were all pre-placed into another CDO, did anyone even bid on them? And since all of these pieces fit so nicely together, wouldn't getting competitive bids really have been rather inconvenient?

Consider the role that a company like TCW played in the market. TCW was the biggest CDO manager in the ABS CDO market. In 2006, TCW acted as manager on about $9.5 billion worth of CDOs over 7 transactions.

Picture 2

The deals have an interesting pattern – alternating between high grade ($5.5 billion) and mezzanine ($3.4 billion) and across four banks, Goldman, Merrill, Wachovia and Morgan Stanley. The high grade deals included not just A and AA MBS bonds but also similarly rated bonds from other CDOs, including potential the mezzanine and high grade deals managed by TCW during this period.

During this same time 2006, those four bankers owned or acquired subprime lenders who typically securitized most of their originated loans. By rotating among the lenders owned by these banks, TCW could achieve decent diversity in their CDOs without ever having to pursue other lenders for their bonds. While they certainly mixed the bonds of other lenders into the mix to achieve better diversity scores from Moody's (and lower rating agency cost of issuance, TCW may have offered to take all, or nearly all, of the mortgage bonds issued by the acquired lenders of Merrill Lynch, Wachovia, Morgan Stanley and Citigroup when they brought a subprime or Alt A mortgage deal or perhaps even the occasional deals where the banks had offered the bonds of third party mortgage lenders. If so, it's likely the offer was received well.

Consider the systemic impact. Lower costs on for the CDO translated into lower, more aggressive bids for the mortgage bonds, which translated into lower mortgage rates – all of which were potentially being set between just 4 or 5 traders

But the risky tranches represented only a relatively small portion of the mortgage or CDO transactions. What happened to the biggest portion of the transactions – the senior (AAA) bonds? The bond insurers insured a decent amount of the market in 2006 (about a third), but even the many of the insured bonds needed a buyer and the uninsured senior bonds still needed a home. As we learned last week when Citigroup testified at the FCIC, Citigroup were big buyers of their own CDOs. Just like with the mezzanine and high mortgage deal, it was probably much more convenient for bank who was selling the senior CDO bonds, to convince management to acquire the bonds themselves rather than try to sell them in a messy, time consuming bid process. Similarly, Yves discussed in ECONNED that Eurobanks frequently retained AAA tranches because Basel II rules gave them considerable latitude in how much (as in how little) capital to charge against them.

As a result, from the top of the structure – the senior bonds of a high grade or mezzanine CDO, all the way down through the mortgage bonds and into the price of the mortgage loans – third party assessments of the risk and rewards of the loan appear to have been limited to non-existent.

The result was that riskier and riskier loans were being originated at effectively lower costs for issuers with little outside feedback. In one big happy family among the mortgage issuers, CDO managers and CDO investors, there would have been little motivation to worry about increasing risk or wider spreads. They were all keen to keep the great fee machine rolling.

Finally, if you throw the shorts into the equation, you complete the picture. Hedge funds who wanted to short subprime were pushing for more and more CDS on MBS, which led to the creation of more CDOs, which in turn, bought more cash and synthetic MBS bonds, helping to keep spreads low. The tight spreads on the mortgage deals created a great buying opportunity for the shorts, who were getting to bid on what we now know were extremely risky loans at bargain basement prices. Once the risks in the mortgage loans began to emerge, spreads on the bonds finally started to widen, sometime in mid 2007. By then it was too late – the deals were already created. Since the bonds had never really been distributed very widely and sat with highly leveraged firms that could not take much in the way of losses, the result was systemic risk and financial crisis.


 
 

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Thursday, April 22, 2010

Bloomberg news: Bond Market Will Never Be the Same After Goldman: Michael Lewis

This is a sarcastically funny shout-out to Goldman Sachs: Bond Market Will Never Be the Same After Goldman: Michael Lewis available at  http://www.bloomberg.com/apps/news?pid=email_en&sid=aWUolZvh4qmE

The spreading of systemic risk and the threat of the derivatives market

A recent unpublished paper by the Fed discussed the effect of direct channel contagion may have played on the 2008 global financial crisis. (Direct contagion is essentially direct and real financial linkages between various market participants or economies). This paper raises interesting issues about how the crisis spread from the U.S. subprime market to the rest of world in a relatively short amount of time.

First, there were a surprisingly high number of market participants in “developed” countries, such as Europe, engaging in the herd mentality when it came to foreign holdings of U.S. asset-backed securities (“ABS”). Based on the authors’ estimates of U.S. ABS held by foreign participant, Europe held nearly 50% (compared to China’s less than 2%). These estimates apply only to foreign holdings of ABS, and not U.S. participants with interests in these securities.

Second, many of these holdings were financed by dollar funding. Thus, then the U.S. ABS started turning toxic, these foreign market participants needed to rely on dollar funding to pay of their U.S. liabilities (i.e. the securities were based on the U.S. dollar and therefore any liabilities resulting from the fall in the assets’ values required payments in U.S. dollars). This problem was compounded by the over reliance on short-term funding. As the credit markets started to freeze many market participants could not get adequate dollar funding through the short-term market—that is the cost of borrowing over the short-term became extremely expensive. This in turn hurt other market participants who relied upon the short-term markets to run their businesses.

While these direct linkages—foreign exposure to toxic U.S. ABS and an overreliance on short-term funding—added to the crisis, the Fed paper finds that they were not sufficient, in and of themselves, to cause the full severity of the Great Recession. The paper then notes a non-definitive list of indirect linkages, including the lack of transparency in complex financial instruments, runs on firms that depended on the short-term markets, market-to-market accounting losses, and others. The authors suggest that the direct and indirect linkages have connected advance economies into a single market, as opposed to markets based on geographical location.

If this is true, and advance economies have truly formed a single, international market, then there still remain significant risks to this economy. As posted here, the 2008 market crisis exposed the risk resulting from credit default swaps (CDS). This market, however, was 14 times SMALLER then the current $500 trillion derivatives market. If an increase in interest rates, which are expected by the end of 2010, will wreak havoc in then derivatives market, then 2011 may contain the worst economic crisis ever!

This theory, however, is based on a market that is renowned for its lack of transparency. In other words, nobody really knows what is going on in the entire derivatives market—which is why governments should force the market onto public exchanges. My hunch is the Fed is likely aware of this danger and will wait for Congress to pass its financial overhaul bill before raising interest rates. If Congress requires derivatives to trade on public exchanges and demands that clearinghouses handle the trades, this may be enough to shrink the market and allow the Fed to slowly raise rates without major economic disruptions. Ultimately, the derivative beast may just be the monster that gets Congress to put aside political for one month and actually pass a bill that truly addresses systemic risk.

World Faces Serious New Economic Challenges

Here is yesterday's IMF post regarding its current outlook for the global economy.

 
 

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via iMFdirect - The IMF Blog by iMFdirect on 4/21/10

By Olivier J. Blanchard 

Let me begin with some good news. The global recovery has evolved better than expected.  We at the IMF now forecast global growth to reach 4.2% in 2010, an upward revision of 0.3% from our  January forecast, and 4.3% in 2011. Alongside growth, global trade has also shown a strong rebound, and so have capital flows.  And, as discussed in the newly released Global Financial Stability Report, financial market conditions and stability have improved.

These good global numbers hide however a more complex reality, namely a tepid recovery in many advanced economies, and a much stronger one in most emerging and developing economies.

Let me discuss each group in turn.   

We forecast growth in advanced economies to be 2.3% for 2010 and 2.4% in 2011.   This is just not enough to make up for the ground lost during the recession.  Output for these countries is now 7% below its pre-crisis trend, and this "output gap" is expected to remain large for many years to come.  Associated with this prolonged output gap is persistent high unemployment.  We forecast the unemployment rate in advanced economies to reach 8.4% in 2010, and to only decline to 8.0% in 2011.  

The main factor behind this weak performance and this prolonged output gap is weak private demand.  In the United States, consumers, who were the drivers of the economy before the crisis, are being more prudent.   In Europe, where banks play a central role in financial intermediation, the weak banking sector limits credit supply.   In Japan, deflation has reappeared, leading to higher real interest rates, and putting in danger an already weak recovery.

By contrast, we forecast growth in emerging and developing economies to be much stronger, 6.3% in 2010, and 6.4% in 2011.   Developing Asia is in the lead, with forecasts of 8.7% for 2010, and 8.6% in 2011.   Growth appears not only strong but sustainable.   While fiscal policy often played a central role in supporting activity in 2009, private demand is strengthening, and can sustain growth in the future. 

Serious new challenges

 The asymmetric nature of the recovery creates serious challenges, both for advanced and for developing and emerging market economies. 

In advanced countries, the main challenge is fiscal consolidation.  A year ago, the risk was that private demand would collapse, leading to another Great Depression scenario.  The priority was thus to implement fiscal stimulus programs, and avoid this catastrophic scenario. This we did.  

Thanks in part to the stimulus programs, demand did not collapse, and has indeed started to grow again, if only weakly.  One year later however, the risk has shifted location.   The loss in fiscal revenues associated with the loss in output is threatening to lead, if not contained, to a debt explosion.   In most countries, fiscal consolidation must increasingly be the priority.  

Emerging and developing countries face a different set of challenges.   One of them is large capital inflows.   Higher growth prospects and higher interest rates are attracting large capital inflows.   Such inflows, especially when driven by growth prospects, are fundamentally good news, but we have learned from experience that they can also lead to booms and busts.  Thus, the main policy issue facing recipient countries is how to best accommodate these flows, how much to let the currency appreciate, how to use macroeconomic policy, how to use macro-prudential tools, reserves, and capital controls, to best avoid excesses and maintain stable growth. 

Solutions closely linked

Interestingly, and importantly, the solutions to the challenges facing advanced and emerging countries are closely linked:  

In advanced economies, fiscal consolidation is needed, but is likely to have an adverse effect on demand and thus on growth.   To offset these adverse effects and maintain growth, advanced countries, as a whole, may need to depreciate their currency so as to increase their net exports.  

 This, in turn, implies that emerging and developing countries, again as a whole, do the reverse, namely let their currency appreciate, and reduce net exports.  It is in their global interest to do so, as this adjustment may be needed to sustain growth in advanced countries, and, by implication, strong growth in the rest of the world.   In many countries, it is also clearly in their own, direct, interest to do so. 

In China for example, a shift away from exports towards domestic consumption—a shift that requires both structural measures to decrease saving, and an appreciation of the currency—appears highly desirable. 

New stage of the crisis

To conclude, we find ourselves at an important new stage of the crisis. A global depression has been averted. The world economy is recovering, and recovering better than we had previously thought likely. This is certainly welcome news. 

But new—and no less formidable—challenges have presented themselves. Achieving strong, sustained and balanced growth will not be easy.  It will require more work—namely fiscal consolidation in advanced countries, exchange rate adjustments, a rebalancing of demand across the world.

These are the tasks facing policymakers over the next few years.



 
 

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Are Interest Rate Derivatives a Ticking Time Bomb?

This is a very interesting, albeit lenghty and complicated, post about the derivatives market and the risks it still poses to the global economy.

 
 

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via Washington's Blog by George Washington on 4/21/10


Derivatives are the world's largest market, dwarfing the size of the bond market and world's real economy.

The derivatives market is currently at around $600 trillion or so (in nominal value).

In contrast, the size of the worldwide bond market (total debt outstanding) as of 2009 was an estimated $82.2 trillion.

And the CIA Fact Book puts the world economy at $58.07 trillion in 2009 (at official exchange rates).

Interest rate derivatives, in turn, are by far the most popular type of derivative.

As Wikipedia notes:

The interest rate derivatives market is the largest derivatives market in the world. The Bank for International Settlements estimates that the notional amount outstanding in June 2009 were US$437 trillion for OTC interest rate contracts, and US$342 trillion for OTC interest rate swaps. According to the International Swaps and Derivatives Association, 80% of the world's top 500 companies as of April 2003 used interest rate derivatives to control their cashflows.
So interest rate derivatives are the world's largest market.

The largest interest rate derivatives sellers include Barclays, Deutsche Bank, Goldman and JP Morgan. While the CDS market is dominated by American banks, the interest rate derivatives market is more international.

In comparison to the almost $500 trillion in interest rate derivatives, BIS estimates that there were "only" $36 trillion in credit default swaps as of June 2009. Credit default swaps were largely responsible for bringing down Bear Stearns, AIG (and see this), WaMu and other mammoth corporations.

Where's the Danger?

In 2003, John Hussman wrote:

What is not so obvious is the extent to which the U.S. economy and financial markets are betting on the continuation of unusually low short-term interest rates and a steep yield curve. This doesn't necessarily resolve into immediate risks, but it could profoundly affect the path that the economy and financial markets take during the next few years, by making the unwinding of debt much more abrupt.

In response to very low short-term interest rates, many U.S. corporations have swapped their long-term (fixed interest rate) debt into short-term (floating interest rate) debt, to the extent that an increase in short-term rates could substantially raise default risks. Similarly, a growing proportion of homeowners have refinanced their mortgages into adjustable rate structures that are also sensitive to higher short-term yields. Finally, profitability in the banking system is unusually dependent on a steep yield curve, with a widening net interest margin (the difference between long-term rates banks charge borrowers and the lower short-term rates they pay depositors) ...

***

According Bank for International Settlements, the U.S. interest rate swap market [has] nearly doubled in size in the past two years. The reason this figure is so enormous is that there are usually several links in the chain from borrower to investor. A risky borrower may enter a swap with bank A, which then takes an offsetting swap position with bank B (earning a bit of the credit spread as its compensation), and so on, with a cheerful money market investor at the end of the chain holding a safe, government backed security, oblivious to the chain of counterparty risk in between.

Aside from the risk that any particular link in this chain might be weak (know thy counterparty), the U.S. financial system has gone one step further. In order to hedge against the risk of defaults, banks frequently lay credit risk off by entering "credit default swaps" with other banks or insurance companies. These swaps essentially act as insurance policies for credit risk.

***

In short, the U.S. financial system is in a delicate balance. On the issuer side, a great many borrowers have linked their debt obligations to short-term interest rates. This is tolerated by the financial system because the debt has been swapped out through financial intermediaries, so investors get to hold relatively safe instruments like bank deposits and Fannie Mae securities. This mountain of debt in the U.S. financial system - tied to short-term interest rates - is ultimately and perhaps somewhat inadvertently backed by the U.S. government.

On the investor side, Asian governments intent on holding their currencies down relative to the U.S. dollar have purchased a great deal of U.S. government and agency debt – effectively "buying dollars." ... A reduction of demand for U.S. short-term debt, either by foreign governments (particularly in the event that Asian governments decide to revalue their currencies) or by U.S. investors, could have very undesirable consequences.

All of which is why the U.S. is now extremely dependent on short-term interest rates remaining low indefinitely.

In March 2009, Martin Weiss wrote:

Until the third quarter of last year, the banks' losses in derivatives were almost entirely confined to credit default swaps — bets on failing companies and sinking investments.

But credit default swaps are actually a much smaller sector, representing only 7.8 percent of the total derivatives market.

***

Thus, considering their far larger volume, any threat to interest rate derivatives could be far more serious than anything we've seen so far.

And Monday, Jerome Corsi argued that cities, states and universities might be wiped out by changes in interest rates:

As interest rates begin to rise worldwide, losses in derivatives may end up bankrupting a wide range of institutions, including municipalities, state governments, major insurance companies

, top investment houses, commercial banks and universities.

Defaults now beginning to occur in a number of European cities prefigure what may end up being the largest financial bubble ever to burst – a bubble that today amounts to more than $600 trillion.

***

A popular form of derivative contracts was developed to permit one money manager to "swap" a stream of variable interest payments with another money manager for a stream of fixed interest payments.

The idea was to use derivative bets on interest rates to "hedge" or balance off the risks taken on interest-rate investments owned in the underlying portfolio.

If an institutional investment manager held $100 million in fixed-rate bonds, for example, to hedge the risk, should interest rates rise or fall in a manner different than projections, a purchase of a $100 million variable interest rate derivative could be constructed to cover the risk.

Whichever way interest rates went, one side to the swap might win and the other might lose.

The money manager losing the bet could expect to get paid on the derivative to compensate for some or all of the losses.

In the strong stock and mortgage markets experienced beginning in the historically low 1-percent interest rate environments of 2003 through 2004, the number of hedge funds soared, just as the volume of derivative contracts soared from a mere $300 trillion in 2005 to the more than $600 trillion today.

Unsophisticated Entities Getting Taken by Interest Rate Derivatives Salesmen

In 2008, Bloomberg pointed out that the SEC was investigating shady interest rate derivatives sales by JP Morgan and Morgan Stanley to school districts.

In 2009, New York Times writer Floyd Norris noted:

On the front page of The Times today, Don van Natta Jr. has a good article about the woes of little towns and counties in Tennessee that bought interest-rate derivatives sold by Morgan Keegan, an investment bank based in Memphis.

It turns out that these municipalities did not understand the risks they were taking. The derivatives have now blown up, and the officials are blaming the bank.

Matt Taibbi also recently noted that JP Morgan used interest rate swaps to decimate a small Alabama town:

The initial estimate for this project was $250 million. They ended up spending about $3 billion on this. And they ended up owing about $5 billion in the end, after you look at all the refinancing and the interest rate swaps and everything.

As the Bloomberg, Times and Taibbi stories hint, many unsophisticated schools, cities, states and universities were played by the big interest rate derivatives sellers, just as many people were played by the CDS sellers. So the fallout will likely be substantial.

But Aren't Interest Rate Derivatives Straightforward and Useful?

You might assume that interest rate derivatives appear to have a much more straightforward, legitimate business purpose than credit default swaps.

Yes, maybe. But the people thought the credit default swap salespeople and their bosses didn't really didn't understand them.

And as George Soros pointed out in 1994, the excessive use of dynamic hedging can and often does backfire:

I must state at the outset that I am in fundamental disagreement with the prevailing wisdom. The generally accepted theory is that financial markets tend toward equilibrium and, on the whole, discount the future correctly. I operate using a different theory, according to which financial markets cannot possibly discount the future correctly because they do not merely discount the future; they help to shape it. In certain circumstances, financial markets can affect the so-called fundamentals which they are supposed to reflect. When that happens, markets enter into a state of dynamic disequilibrium and behave quite differently from what would be considered normal by the theory of efficient markets. Such boom/bust sequences do not arise very often, but when they do they can be very disruptive, exactly because they affect the fundamentals of the economy…

The trouble with derivative instruments is that those who issue them usually protect themselves against losses by engaging in so-called delta, or dynamic, hedging. Dynamic hedging means, in effect, that if the market moves against the issuer, the issuer is forced to move in the same direction as the market, and thereby amplify the initial price disturbance. As long as price changes are continuous, no great harm is done, except perhaps to create higher volatility, which in turn increases the demand for derivatives instruments. But if there is an overwhelming amount of dynamic hedging done in the same direction, price movements may become discontinuous. This raises the specter of financial dislocation. Those who need to engage in dynamic hedging, but cannot execute their orders, may suffer catastrophic losses.

This is what happened in the stock market crash of 1987. The main culprit was the excessive use of portfolio insurance. Portfolio insurance was nothing but a method of dynamic hedging. The authorities have since introduced regulations, so-called 'circuit breakers', which render portfolio insurance impractical, but other instruments which rely on dynamic hedging have mushroomed. They play a much bigger role in the interest rate market than in the stock market, and it is the role in the interest rate market which has been most turbulent in recent weeks.

Dynamic hedging has the effect of transferring risk from customers to the market makers and when market makers all want to delta hedge in the same direction at the same time, there are no takers on the other side and the market breaks down.

The explosive growth in derivative instruments holds other dangers. There are so many of them, and some of them are so esoteric, that the risks involved may not be properly understood even by the most sophisticated of investors. Some of these instruments appear to be specifically designed to enable institutional investors to take gambles which they would otherwise not be permitted to take ....

Doug Noland wrote an intriguing article in 2001 - based on the research of Bruce Jacobs (doctorate in finance from Wharton, co-founder of Jacobs and Levy Equity Management) on portfolio insurance - arguing that interest rate derivatives were widely being used without understanding the risks they create for the system (warning: this is long ... go get some caffeine, sugar, nicotine or exercise, and then come back and keep reading):

I would like to suggest moving Bruce Jacobs' excellent book, Capital Ideas and Market Realities to the top of reading lists. From the forward by Nobel Laureate Harry M. Markowitz: "Many observers, including Dr., Jacobs and me, believe that the severity of the 1987 crash was due, in large part, to the use before and during the crash of an option replication strategy known as 'portfolio insurance.' In this book, Dr. Jacobs describes the procedures and rationale of portfolio insurance, its effect on the market, and whether it would have been desirable for the investor even if it had worked. He also discusses 'sons of portfolio insurance," and procedures with similar objectives and possibly similar effects on markets, in existence today."

From Dr. Jacobs' introduction: "This book ... examines how some investment strategies, especially those based on theories that ignore the human element, can self-destruct, taking markets down with them. Ironically, the greatest danger has often come from strategies that purport to reduce the risk of investing.

***

"In 1987, as in 1998, strategies supported by the best that finance theory had to offer were overwhelmed by the oldest of human instincts - survival. In 1929, in 1987, and in 1998, strategies that required mechanistic, forced selling of securities, regardless of market conditions, added to market turmoil and helped to turn market downturns into crashes. Ironically, in 1987 and 1998, those strategies had held out the promise of reducing the risk of investing. Instead, they ended up increasing risk for all investors."

***

I would like to explore the concepts behind the current dangerous fad of derivatives as a mechanism to insure against rising interest rates, as well as the momentous ramifications to both financial market and economic stability from these instruments that rely on dynamic hedging strategies. From Jacobs: "Option replication requires trend-following behavior - selling as the market falls and buying as it rises. Thus, when substantial numbers of investors are replicating options, their trading alone can exaggerate market trends. Furthermore, the trading activity of option replicators can have insidious effects on other investors."

Dr. Jacobs adeptly makes the important point that the availability of portfolio insurance during the mid-1980s played a significant role in fostering speculation that led to the stock market bubble and the crash that followed in October 1987. "Rather than retrenching and reducing their stock allocations, these investors had retained or even increased their equity exposures, placing even more upward pressure on stock prices. And, of course, as equity prices rose more, 'insured' portfolios bought more stock, causing prices to rise even higher…Ironically, the dynamic trading required by option replication had created the very conditions portfolio insurance had been designed to protect against - volatility and instability in underlying equity markets.And, tragically, portfolio insurance failed under these conditions (because…it was not true insurance). The volatility created by the strategy's dynamic hedging spelled its end."


***

"In the months following the (1987) crash, a number of investigative reports examined the trading data for the crash period. The Securities and Exchange Commission and the Brady Commission (the Presidential Task Force), for two, found that the evidence implicated portfolio insurance as a prime culprit." ...

Dr. Jacobs' wonderful effort explains ... the potential dangers of a complex financial theory taken up with little appreciation of its suitability for real-world conditions and applied mechanistically with little regard for its potential effects. It is a story about how a relatively small group of operators, in today's complicated and interconnected marketplaces, can wreak havoc out of all proportion to their numbers…it is a story of unintended consequences. For synthetic portfolio insurance, although born from the tenets of market efficiency, affected markets in very inefficient, destabilizing ways. And option replication, although envisioned as a means for investors to transfer and thereby reduce unwanted risk, came to be a source of risk for all market participants."

Unfortunately, this language seems at least as applicable to today's interest rate derivative market as it was for equity portfolio insurance. It is certainly our view that the contemporary U.S. and global financial system characterized by unfettered money, credit and speculative excess creates unprecedented risk for all market participants, as well as citizens both at home and abroad. Not only have flawed theories prevailed and past crises been readily ignored, derivatives (interest rate in particular) have come to play a much greater role throughout the U.S. and global financial system. The proliferation of derivative trading is a key element fostering credit excess and a critical aspect of the monetary processes that fuel recurring boom and bust dynamics, as well as the general instability wrought by enormous financial sector leveraging and sophisticated speculative strategies. This certainly makes the proliferation of interest rate derivatives significantly more dangerous than stock market derivatives. Under these circumstances, it does seem rather curious that more don't seriously question the soundness of this unrelenting derivative expansion. Unfortunately, ignoring the dysfunctional nature of the current system does not assist in its rectification - anything but. Indeed, it is my view that these previous market dislocations will prove but harbingers of a potentially much more problematic crisis that is quietly fermenting in the U.S. (global) credit system.

***

Clearly, the gigantic interest rate derivative market should be recognized as a very unusual beast. Instead of providing true interest rate hedging protection, this is clearly the financial sector having created a sophisticated mechanism that, despite its appearance, is limited to little more than "self insurance" - "The Son of Portfolio Insurance." I have written repeatedly that markets cannot hedge themselves, and that derivative "insurance" is different in several critical respects from traditional insurance. From Dr. Jacobs: "Synthetic portfolio insurance differs from traditional insurance where numerous insured parties each pay an explicit, predetermined premium to an insurance company, which accepts the independent risks of such unforeseeable events as theft or fire. The traditional insurer pools the risks of many participants and is obligated, and in general able, to draw on these premiums and accumulated reserves, as necessary, to reimburse losses. Synthetic portfolio insurance also differs critically from real options, where the option seller, for a premium, takes on the risk of market moves." Such exposure to unrelated events is far different from exposure to a market dislocation. Quoting leading proponents of portfolio insurance from 1985, "it doesn't matter that formal insurance policies are not available. The mathematics of finance provide the answer…The bottom line is that financial catastrophes can be avoided at a relatively insignificant cost."

Amazingly, such thinking persists to this day. The above language, of course, is all too similar to the flawed analysis/erroneous propaganda that is the foundation for the proliferation of hedging strategies and the explosion of derivative positions. Dynamic hedging makes two quite bold assumptions that become even more audacious as derivative positions balloon: continuous markets and liquidity. As writers of technology puts ...experienced, individual stocks often gap down significantly on earnings or other disappointing news, not affording the opportunity to short the underlying stock at levels necessary to successfully hedge exposure. And when the entire technology sector was in freefall, market illiquidity made it impossible for players to dynamically hedge the enormous amount of technology derivatives (put options) that had been written over the boom (especially during the final stage of gross speculation). The buying power necessary to absorb the massive shorting necessary for derivative players to offload exposure (through shorting stocks or futures) was nowhere to be found - so much for assumptions.

Granted, derivatives can be a very effective mechanism for individual participants to shift risk to others, but a proliferation of these strategies significantly influences their effectiveness and general impact. The availability of inexpensive "insurance" heightens the appetite for risk and exacerbates the boom. This characteristic has significant ramifications for both the financial system and real economy. It also creates completely unrealistic expectations for the amount of market risk that can be absorbed/shifted come the inevitable market downturn. Many adopt strategies to purchase insurance at the first signs of market stress. Once again, the market cannot hedge itself, and the tendency is for derivative markets operating in a speculative environment to transfer risk specifically to financial players with little capacity to provide protection in the event of severe financial market crisis.

***

There is another key factor that greatly accentuates today's risk of a serous market dislocation, that was actually noted by the BIS: "Net repayments of US government debt have affected the liquidity of the US government bond market and the effectiveness of traditional hedging vehicles, such as cash market securities or government bond futures, encouraging market participants to switch to more effective hedging instruments, such as interest rate swaps."

This is actually a very interesting statement from the BIS. First, it is an acknowledgement that "liquidity" and the "effectiveness of traditional hedging vehicles" have been impaired, concurrently with the exponential growth of outstanding derivative positions. This is not a healthy divergence. We have posited that the explosion in private sector debt, having been the leading factor fueling U.S. government surpluses, has produced The Great Distortion. As such, the viability of hedging strategies such as those that entailed massive Treasury securities sales in 1994 is today suspect. There are fewer Treasuries and a much less liquid Treasury market, in the face of unimaginable increases in risky private-sector securities and hedging vehicles. And while this momentous development has not yet created significant market disruption, the true test will come in an environment of generally increasing interest rates. Rising market rates will dictate hedging-related securities sales, and will test the liquidity assumptions that lie at the heart of derivative strategies. It is certainly my view that models that rely on historical relationships between public and private debt are increasingly inappropriate in today's bubble environment, as are the associated assumptions of marketplace liquidity. Importantly, dynamically shorting securities in the liquid Treasuries market is no longer a viable method for the financial sector to hedge the enormous interest rate risk that they have created. The "answer" to this dilemma, apparently, has been an explosion of "more effective hedging instruments, such as interest rate swaps (from the BIS)." We very much question the use of the adjective "effective." ...

All the same, the interest rate swaps market remains Wall Street's favorite "Son of Portfolio Insurance." A similar pre-'87 Crash perception of a "free lunch" conveniently opens the door to playing aggressively in a speculative market. But an interest rate swap is only a contact to exchange a stream of cash flows, generally with one party agreeing to pay a fixed rate and the other party a floating rate (settling the difference with periodic cash payments). With characteristics of writing an option, the risk of loss is open ended for those taking the floating side of the swap trade. There's no magic here, with one party a loser in this contract in the event of a significant jump in market rates. In such an event, this "loser" will certainly plan to dynamically hedge escalating exposure. If you are on the "winning" side, you had better accept the fact that the greater your "win," the higher the probability of a counterparty default. Somewhere along the line, these hedging strategies must be capable of generating the necessary cash flow to pay on derivative "insurance" in the event of higher interest rates. Obviously, the highly leveraged and exposed financial institutions that comprise the swaps market have little capacity to provide true insurance. In a rising rate environment, these players will have enough problems of their own making as they are forced to deal with their own bloated balance sheets, mark-to-market losses [what a quaint notion], and other interest rate mismatches, let alone enormous off-balance sheet exposure. As I have written previously, purchasing large amounts of protection against sharply higher interest rates from the U.S. financial sector makes about as much sense as the failed strategy of contracting with Russian banks for protection against a collapse in the ruble. Sure, one can play this game, but we are all left to hope that the circumstances never develop where there is a need to collect on these policies.

***
At some point, higher interest rates will force the financial sector to short securities to dynamically hedge the massive interest rate exposure that has been created. What securities will be sold and from where will buyers be found with the necessary $100s ($ trillion plus?) of billions of liquidity? Will agency securities be aggressively shorted? What are the ramifications of such a development to a market that is almost certainly highly leveraged with enormous speculative trading? I can assure you that these are questions that the derivative players would rather not contemplate, let alone discuss. ...

The problem is that the strong perception that has developed that holds that the Fed will ensure that interest rates and liquidity conditions remain market friendly is actually the key assumption fostering the explosion in interest rate derivatives and reckless risk-taking. It should be clear that the assumptions of liquidity make no sense whatsoever without the unspoken assurances from the Federal Reserve. The resulting proliferation of derivatives, then, has played a momentous role in the intermediation process whereby endless risky loans are transformed into "safe" securities and "money." The credit system's newfound and virtually unlimited capability of fabricating "safe" securities and instruments is the mechanism providing unbounded availability of credit - the hallmark of "New Age Finance." It is the unbounded availability of credit that, at this very late stage of the cycle, that creates extreme risk of dangerous financial and economic distortions, including the distinct possibility of heightened inflationary pressures. Ironically, the proliferation of interest rate derivatives has created the very conditions that they had been designed to protect against - volatility and instability in the underlying credit market, as well as acute vulnerability to the real economy.

***

The bad news is that there sure is a lot riding on what appears to be one massive and increasingly vulnerable speculation and derivative bubble that fuel the perpetuation of the historic U.S. Credit Bubble. I have said before that I see the current bets placed in the U.S. interest rate market as probably "history's most crowded trade."

Conclusion

Most economists and financial institutions assume that interest rate derivatives help to stabilize the economy.

But cumulatively, they can actually increase risky behavior, just as portfolio insurance previously did. As Nassim Taleb has shown, behavior which appears to decrease risk can actually mask long-term risks and lead to huge blow ups.

Moreover, there is a real danger of too many people using the same strategy at once. As economist Blake LeBaron discovered last year, when everyone is on the same side of a trade, it will likely lead to a crash:

During the run-up to a crash, population diversity falls. Agents begin using very similar trading strategies as their common good performance is reinforced. This makes the population very brittle...

Given that the market for interest rate derivatives is orders of magnitude larger than credit default swap market - let alone portfolio insurance - the risks of a "black swan" event based on interest rate derivatives should be taken seriously.

Anything that is orders of magnitude larger than the global economy could be risky - one unforeseen event and things could destabilize very quickly. Too much of anything can be dangerous. Water is essential for life ... but too much and you drown.

But I am confident that no one - even the people that design, sell or write about the various interest rate derivatives - really know how much of a danger they do or don't pose to the overall economy. In addition to all of the other complexities of the instruments, the very size of the market is unprecedented. Independent risk analysts would do a great service if they quantified and modeled the risk.

Finally, even if the widespread use of interest rate derivatives does not harm the economy as a whole, it will certainly harm the cities, states and other governmental and quasi-governmental entities which are on the wrong side of the trade. My hunch is that - just as the fraud in the CDO and CDS markets was exposed when the "water level" of the economy fell, exposing the rocks underneath - rising interest rates will reveal massive fraud in the interest rate derivative market.

 
 

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