Category: Finance

Regulating Credit Default Swaps

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The head of the Agriculture committee, Collin Peterson (D-MN-07) is proposing that credit default swaps be treated like the insurance that they are. Here is money quote(PDF):

(h) LIMITATION ON ELIGIBILITY TO PURCHASE A CREDIT DEFAULT SWAP.—It shall be unlawful for any person to enter into a credit default swap unless the person would experience financial loss if an event that is the subject of the credit default swap occurs.
…
EFFECTIVE DATE.—The amendments made by this section shall be effective for credit default swaps (as defined in section 1a(34) of the Commodity Exchange Act) entered into after 90 days after the date of the enactment of this section.

Basically, what this is saying is that you can’t buy insurance on something unless you actually benefit from it.

This was discovered a long time ago, specifically 263 years ago, when the British Parliament passed the Marine Insurance Act of 1746:

In 1746, Parliament passed the Marine Insurance Act, requiring anyone seeking to collect on an insurance contract to have an interest in the continued existence of the insured property. Thus was born the insured-interest doctrine. The indemnity doctrine, which precludes a buyer from insuring property for more than it’s worth, soon followed. The point of these rules is to limit insurance contracts to trading existing risks and not to create new risks by giving buyers of insurance incentive to destroy property. The doctrines have been part of insurance law in both England and the United States (which in 1746 were colonies under English common law) ever since.

Unfortunately, it appears that the distinguished gentleman from Minnesota only intends for this regulation to be temporary, but it’s a good start.

It should be permanent though, there is a reason that this adopted so long ago.

Exec Pay Limit as Toothless as Gabby Hays

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Remember when I said yesterday that The Devil is in the Details regarding Obama’s pay limits?

Well, ProPublica is all over this…..The bullet points:

  • No enforcement mechanism or penalties.
  • The conditions for things like stock grants are unclear, and look to be loophole filled.
  • Shareholder votes on pay are non-binding.
  • The $500K limits applies only to banks that aren’t “healthy”, which is basically none of them, because if Citi qualifies as “healthy”, they all do.

Oh, well, it was nice believing that something would be done for a few minutes.

The Next Shoe to Drop on Wall Street

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It appears that Moody’s is reviewing the credit ratings of hundreds of billions of dollars of Commercial Mortgage Backed Securities (CMBS).

These are like residential mortgage backed securities, only they are for things like malls and apartment buildings, as opposed to houses and condos, and they are following the same path as the residential MBS, which is, as Calculated Risk notes, “First the reviews, then the downgrades, followed by the bank write-downs, and then more reviews …”

Economics Update

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Our economy just had one of those days when you wonder why you get out of bet.

First, we have initial unemployment claims spiking to the highest number since October, 1982, 626,000. The consensus estimate had been 580,000.

The more reliable, and less noisy, 4 week moving average was up too, from 543,250 to 582,250, and continuing claims hit 4,788,000, another new record.

In manufacturing, December new factory orders fall 3.9%, well above the estimate of 3 %, and in rental real estate, the MIT commercial property price index posted a record drop, 10% in Q4 of 2008.

In international high finance, the Bank of England its benchmark rate by 50 basis points (½%), to 1%, which breaks last month’s record…..Considering that the BoE has been around since 1694, that’s a long record.

Across the channel in Euro land, the European Central Bank has left its benchmark unchanged, though I think that this is less from optimism than from the inflation-hawk nature of the ECB’s charter, and the fear of the zero rate destroying their ability to manage the economy with monetary means.

Meanwhile, mortgage interest rates have continued their increase, with the 30 year fixed being reported at 5.25%.

With the rate cuts in England, and the ECB still signaling future rate cuts, the dollar was up today.

The dismal job numbers drove oil down.

The Devil is in the Details

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Because Obama’s plan to limit executive pay to $500K to TARP recipients will sink or swim on the loopholes.

Larry Summers’ suggestion that, “Executive compensation above a specified threshold amount be paid in restricted stock or similar form that cannot be liquidated or sold until the government has been repaid,” is one such loophole, because if the restricted stock has dividends, it’s back to the races.

One of the things that needs to be understood is that Wall Street’s excessive salary structure is not just a symptom of the current banking problem, it’s one of the causes, because the excessive leverage and incompetent risk taking made year over year results so remunerative that it encouraged byzantinely complex instruments.

As a note, it’s actually not the executives who will get hit hardest by this:

“That is pretty draconian — $500,000 is not a lot of money, particularly if there is no bonus,” said James F. Reda, founder and managing director of James F. Reda & Associates, a compensation consulting firm. “And you know these companies that are in trouble are not going to pay much of an annual dividend.”

Mr. Reda said only a handful of big companies pay chief executives and other senior executives $500,000 or less in total compensation. He said such limits will make it hard for the companies to recruit and keep executives, most of whom could earn more money at other firms.

(emphasis mine)

It’s the “compensation consulting firms”, whose business model is to get paid lots of money from CEOs and Boards of Directors to recommend high salaries to those very same CEOs and Boards of Directors, who lose the most.

It sure beats working for a living.

F%$@ing Stupid Idea

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Barney Frank has a good basic idea, that of a federal regulator with the power to regulate all financial transactions with regard to systemic risk, and then he jumps the shark completely by suggesting that this regulatory authority be placed in the Federal Reserve.

Seriously. Much of the Federal Reserve has not only gone native, but are to some degree actually owned by the commercial banks.

Any organization that was headed by Alan “Bubbles” Greenspan 20 years should be kept as far away from managing systemic risk as possible.

It’s like giving an infant a loaded revolver.

Economics Update

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To no one’s surprise, the Federal Reserve has extended its multi-trillion dollar so called liquidity facilities another 6 months, better known as the sh$tpile for cash program:

In addition to prolonging the currency swap lines that were due to expire on April 30, the U.S. central bank said it would extend through October 30 a host of other programs providing liquidity to the U.S. commercial paper and money markets, and to large Wall Street firms.

They’ve already spent in excess of 8 trillion dollars bailing out insolvent banks, but they think that more of the same will help.

The Federal Reserve is broken as an institution. It is run by and for the banks.

We also have aggressive stimulus programs ramping up in Australia and Japan.

Meanwhile, real estate and construction continues to be a disaster with US construction falling 1.4% in December and 5.1% for 2008, the largest drop since records began being kept in 1993, and the Homeownership rate has fallen to the 2000 level, so much for Bush’s “Ownership Society….In stead of owning, we got pwn3d.* With current equity losses of US home owner pegged at $3.3 trillion, a new record on vacant homes 19 million.

Even alleged good news in real estate, that the Pending Home Sales Index rose in December is pretty hollow, because, money quote from CR, “The biggest gains were in areas with the biggest improvements in affordability.”

So, if your house prices have dropped by 40+%, as they have in parts of California and Florida then homes might be moving…Otherwise, not so much.

Still real estate is not as bad off as the auto industry, with GM and Chrysler offering buyouts to all of their hourly workers, Ford posting 40.2% drop in January U.S. sales, and GM dropping 49%, Chrysler down 55% LLC, with the Japanese car makers seeing their sales dropping about 30% each

BTW, it appears that China may be headed for a period of economically induced social unrest, because more than one in seven rural migrant workers, more than 20 million, are unemployed.

In a nation that has systematically eliminated its safety net, 20 million pissed off unemployed people can make a lot of trouble.

In energy, I’m not sure if $40/bbl is the bottom, or if OPEC cuts are working, but oil was up today, and it appears that we have found a bottom there.

In currency, there dollar was down as there was less “flight to safety.”

*Leet speak for “owned”.

An Interesting Perspective on the Big Sh%$Pile

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The New York Times has an article on how difficult it would be value the bad financial instruments that banks are holding, and they relate the story of a bond:

But getting this right will not be easy. The wild variations on the value of many bad bank assets can be seen by looking at one mortgage-backed bond recently analyzed by a division of Standard & Poor’s, the credit rating agency.

The financial institution that owns the bond calculates the value at 97 cents on the dollar, or a mere 3 percent loss. But S.& P. estimates it is worth 87 cents, based on the current loan-default rate, and could be worth 53 cents under a bleaker situation that contemplates a doubling of defaults. But even that might be optimistic, because the bond traded recently for just 38 cents on the dollar, reflecting the even gloomier outlook of investors.

(emphasis mine)

Let me make an observation here, if the financial institute thinks that this is worth 97¢, and S&P thinks that it is worth 87¢, then this is a top tranch of bonds. It’s the best of the best, and it most recently traded at a 62% loss.

The banks are completely insolvent, and paying them off is much more expensive than declaring them insolvent, stripping out these assets, and then holding them like the Swedes did.

What’s more, if we go with Timothy “Eddie Haskell” Geithner’s “Bad Bank”, the same people will remain in charge, and because they were bailed out, they, and their successors will leaarn nothing, and so we will seem the same errors, over, and over, and over again.

Seize the banks as insolvent. Break them up into tiny pieces which are small enough to fail, and fire the upper management and stiff the shareholders.

Either that, or we can, as Ripley said in Aliens, “We take off and nuke the entire site from orbit. It’s the only way to be sure,” as

Not Enough Bullets: Can’t Live on $150 to $180,000 Edition

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It appears that for investment banking types an outrageous salary is not enough.

They also need bonuses. Bonuses whether their company makes money or not. Whether their company is on the bederal dole or not.

It’s because….It’s because….I don’t know why, but the rules don’t apply to them.

BTW, the last paragraph of the story is the killer:

“Without a doubt, $18 billion is a lot of money, but it’s a drop in the bucket on Wall Street,” said Gustavo Dolfino, president of the WhiteRock Group, a headhunter for the banks. “These bonuses are down, and the salaries are not enough for these people. They can’t live on $150 to $180,000, so they haven’t saved any money. They put it on credit lines and at bonus time, they thought they’d pay it off.

Median family income is $49K/year, and they cannot live on three times that.

Andred Lahde got it right when he called them, “The low hanging fruit, i.e. idiots whose parents paid for prep school, Yale, and then the Harvard MBA, was there for the taking. These people who were (often) truly not worthy of the education they received (or supposedly received) rose to the top of companies such as AIG, Bear Stearns and Lehman Brothers and all levels of our government.“

GDP Numbers Artificially Inflated by TARP

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Barry Ritholtz has the goods.

He notes that the Bureau of Economic Analysis (BEA) notes the effect in their report:

Troubled Asset Relief Program

In October 2008, the Emergency Economic Stabilization Act of 2008 established
the Troubled Asset Relief Program (TARP). Among its provisions, the act authorized the Department of the Treasury to purchase or insure up to $700 billion in assets to alleviate the financial crisis. By the end of the fourth quarter, the program had disbursed $243 billion to banks and other institutions in exchange for shares of preferred stock and warrants. The program also disbursed a $4 billion loan to General Motors in the fourth quarter.

Purchases of financial assets are generally not recorded in the GDP accounts (though they appear in the Federal Reserve’s flow of funds accounts). However, when the Treasury purchases a financial asset (other than a loan) at more favorable terms than are available in private markets, BEA records a portion of the purchase as a capital transfer, calculated as the difference between the actual price paid for the financial asset and an estimate of its market value. This treatment is consistent with the recommendations of the newly updated international guidelines, System of National Accounts 2008. For the fourth quarter, in most cases BEA’s estimates of these capital transfers are based on Congressional Budget Office estimates, which are prepared on a net present value basis. The recording of a capital transfer in the GDP accounts does not affect GDP or net government saving, but does reduce net government lending or borrowing.

(emphasis mine)

You’ll notice that that the BEA is saying that the TARP is just a transfer payment, and hence is not counted as GDP, but I would argue that in overpaying for assets and preferred stock, these expenditures find their way into the numbers indirectly.

Ritholtz says that the effect is close to 8% of Q4 GDP, I’d say a bit less, say 2-4%, because the money finds its way into the economy indirectly and slowly, but in either case, it makes the GDP numbers worse than they seem.

If any bankers want to correct me, please do so.

Not Enough Bullets: The Ever Reliable AIG

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AIG is looking getting more US government aid to unload its dodgy assets because at this point it has only been able to unload about $1b in assets, and that money had to go to retention payments:

So far, AIG has announced sales of only a few smaller businesses that, at least based on deals where a sale price was announced, will earn it a little over $1 billion. That is about what AIG is paying employees in retention payments to keep them from leaving for rivals, which could further erode the value of its units.

They need to pay money to the the very people who ran the company into the ground, in an employment scenario where no one on Wall Street is hiring, because they are worried they might go somewhere else.

I’m not just referring to the people who actually sold insurance here, I’m referring to the people who actually set up the CDS catastrophe that took the company down:

American International Group Inc., the insurer saved from collapse by government money after losses on credit-default swaps, offered about $450 million in retention pay to employees of the unit that sold the derivatives, according to two people familiar with the situation.

About 400 workers at the financial products unit may get the money in two installments, said the people, who declined to be named because details of the payments were confidential. The business was responsible for about $34 billion in writedowns since 2007 as the market value of swaps AIG sold to banks plunged amid the subprime mortgage market collapse.

They are not just paying people who were passengers at some car wreck in another division, they are paying the driver of the car that crashed.

What’s more, the driver was drunk, sending a text message, getting a blow job, and speeding at about 150 mph when they plowed into an orphanage.

Again, heads I win, tails you lose remuneration, bonuses to the tune of over a million dollars per employee to the folks who bankrupted the company.

Economics Update

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Consumer spending fell for the 6th straight month in December, and all of 2008 turned in just 3.6% increase, the worst year over year number since 1961.

The Institute for Supply Management’s factory index was better than expected, but still an anemic 35.6, but better than the consensus prediction of 32.5, but 50 is neutral, so anything under 50 signifies more contraction.

In inflation, the “Treasury Real Yield” is at a 16 month high.

The Treasury Real Yield is the spread between TIPS (Treasury Inflation Protected Securities) and regular treasuries, and is a measure of investor expectations of inflation….Which means that they are expecting more inflation…..Which is a good thing in this topsy-turvey economy.

Meanwhile in the Celtic kitten, Ireland is looking at injecting €8 billion into its troubled banks.

In Russia, and it looks like speculators are betting very heavily against the Ruble, which just hit a new low.

With Russia having already burnt through about 1/3 of its reserves in an unsuccessful attempt to maintain the currency, this could get very ugly.

Shrinking consumer demand has oil prices dropping again, and has pushed the dollar down against the Yen and Euro, though it improved against the sick man of Europe, the British Pound.

Economics Update

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The gross domestic product (GDP) fell at an annual rate of 3.8% in the 4th quarter of 2008, the biggest drop since the first quarter of 1982.

This is better than expected, but probably worse than it sounds.

First, the Fed Funds rate had peaked at almost 20% in 1981, and was still at 15% in early 1982. The Fed was trying to create a recession to short circuit inflation. (See graph pr0n)

Also, I agree with Barry Ritholtz of The Big Picture when he says, “The advance GDP data was released. I expect the revisions will make this even worse.”

Meanwhile, Calculated Risk’s Credit Crisis Indicators are showing improvement, most notably with treasury yields increasing, which implies that there is more competition for that money from other borrowers and lenders.

That being said, we are in a very weird place economically when an increase in interest rates is good news.

There are some dark spots in the indicators, the Chicago Purchasers’ January Index fell to 33.3, the lowest level since March, 1982….There it is again…..1982, and the Restaurant Performance Index (RPI) fell to a record low in December, which means that we aren’t seeing much buying on a wholesale or a retail level.

In energy, oil is up on concerns about the refinery strike, and in currency, the dollar is up on low Euro Zone inflation numbers, which suggest that the ECB might cut rates again.

The ‘Good Bank’ Solution

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Willem Buiter at the Financial Times writes to endorse the idea of creating government owned and operated lending facilities to replace the insolvent banks:

There is an alternative solution to the problem of valuing the toxic assets. It would not involve nationalising the existing banks. Instead the state would create one or more new ’good’ banks – all state-owned and state-funded to begin with. Effectively, some or all of the existing banks would become bad banks. The good banks would acquire the deposits and the good assets of the bad banks or legacy banks. The good assets are, by definition, easy to value. The creation of multiple good banks may be desirable to encourage competition. One could even create a good bank for every existing bank: New Citi, New RBS, New ING etc.

I posted this a 10 days ago, but he writes better.

The basic point is that the banking industry does not have to be preserved. What has to be preserved is transparent access to credit.

Geithner Needs to Work for the People of the United States of America

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Barry Righolts of The Big Picture puts his finger on what is bothering me about Geithner:

  • You no longer work for the Banks: The NY Fed is a private corporation, doing the bidding of the FOMC and its private sector owners — primarily, the primary dealers. In other words, the President of the NY Fed works for the biggest commercial and investment banks in New York. That is no longer operational for you.
  • As Treasury Secretary, your immediate boss is the President, and your ultimate charge are the citizens of the United States, and the finances of the country.
  • When any conflict comes into play between the nation and the banks, you as Treasury Secretary are on the side of the Nation.
  • You cannot serve two masters, especially when they are in direct conflict with each other.

In its most basic form, all this talk about nationalization being somehow beyond the pale is really about people who do think that whatever is good for the banks is good for the county, and Geithner and Summers are both on that side….Or they are for now.

The question is not, “How do we save the banks,” it’s, “How do we get normal access to credit going again with a minimal impact on the taxpayer,” and throwing trillions at banks for their sh%$pile assets does not serve the nation or the taxpayers.